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| Photo: Internet |
The president of the Federal Supreme Court (STF), minister Dias Toffoli, suspended this Tuesday (31) the reduction of the amounts to be paid when contracting the mandatory insurance for Personal Injuries Caused by Motor Vehicles on Land (DPVAT), which would come into effect from January 1st.
Following a proposal from the Superintendence of Private Insurance (Susep), the National Council of Private Insurance (CNSP) last week approved a reduction of 67.7% and 85.4% in the value of the 2020 DPVAT for cars and motorcycles, respectively.
In the case of cars, the new amount to be paid would be R$ 5.23, while motorcycle owners would pay R$ 12.30. The drastic reduction in values was also observed in the other categories: the price for buses with freight would be R$ 10.57; for buses without freight, R$ 8.11, and for trucks, R$ 5.78.
Seguradora Líder, the sole administrator of DPVAT, complained to the Supreme Court that the measure would be a way to circumvent the court's own decision, which this month suspended the provisional measure (MP 904/2019) that had extinguished the insurance. This is because the established values were "derisory" and insufficient to maintain the services provided.
Toffoli agreed with the arguments, highlighting that, in his view, the only motivation for the CNSP and Susep to promote the reduction in values was the Supreme Court's decision, because otherwise there would be no reason for the act, since if it were not for the court's action, the DPVAT would no longer exist as of January 1st.
The minister wrote that the amendment of the normative act regarding DPVAT by the National Council of Private Insurance constitutes “a subterfuge by the administration to avoid complying with the effectiveness of the precautionary decision issued by the STF Plenary in ADI No. 6,262/DF”, in which the termination of the insurance was suspended.
“For these reasons, I understand that CNSP Resolution No. 378/2019 undermines the precautionary measure granted by this Supreme Court in the proceedings of ADI No. 6,262/DF, which is why I understand that it should be suspended,” concluded Toffoli.
The president of the STF ordered the notification of the Attorney General's Office (PGR) and the Attorney General's Office about the suspension of the reduction of the DPVAT values.
This month, the Attorney General of the Union, André Mendonça, said that he did not intend to appeal the Supreme Court's injunction that prevented the extinction of DPVAT, taking into account that the decision was taken unanimously by the Court's plenary.
