Perda da indenização do contrato de seguro D&O em razão da corrupção

Abstract

This work has the objective of demonstrating that increased security damages in contract D & O insurance - Director's and Officer's Liabity Insurance should not always be paid to policyholders, since the acts of the private company managers and directors consist of corruption. With this, it perceives to be inevitable in the pieces of study about D & O insurance contract in the contemporary context in the Brazilian legal system, as well as its evolution and importance over the last decades in the Brazil scene. As its legal regulations, our parental legislator has not noticed the great relevance and importance of this kind of contract, why did not discipline a Specific Law such matters, thereby jurists apply indirectly other standards that are in civil, criminal, corporate, administrative etc. Also, it is important to point out that by studying the characteristics of this kind of contractual relationship, it is more than clear that the purpose is rooted in the interests of the company or joint stock company through its partners, its shareholders, creditors and third parties - stakeholders in order to avoid abuse by administrators, and to preserve and ensure personal interests of administrators themselves, because of the risk that plays in business management. It will then, it will be seen in greater detail the procedure of insurance indemnity by the insurance companies in line with the principle of mutuality, without adversely affecting the other insured. In turn, corruption, in this present study, will be one of the main topics to be studied in order that the judiciary is increasingly dismantling such criminal 9 practices in the system, whether in public administration, whether in private companies, as realizes for example in the case of "Lava Jato". Finally, the last chapter, we see that rampant corruption will make the insurance policies D & O has a number of innovations so that the insurance companies can to prevent possible unfair compensation, just reason could affect all system insurance