The Compulsory Insurance for Personal Injury Caused by Motor Vehicles of Land Roads, commonly known as DPVAT, was conceived in 1966 through Decree-Law No. 73, which, at the time, made it mandatory for owners of motor vehicles in view of the existing risks, especially for passers-by.
This insurance is intended to cover victims of a traffic accident regardless of the person responsible or the finding of guilt by paying compensation to the beneficiaries in the event of death, disability, and medical expenses.
The insurance, since its inception and despite the lack of knowledge of many Brazilians, has always had a relevant social impact in Brazil, since it compensates the victims of traffic accidents in difficult times and without the need to assess the person responsible for the event, bearing in mind that the sums of the coverage are currently expressly provided in Law 6194/74, in addition to establishing the necessary documentation for their release.
To gain insight into the relevance of this insurance, according to the Institute of Applied Economic Research (Ipea), between 2010 and 2019 there were about 392,000 deaths in land transport accidents, including running over, accidents with bicycles, motorcycles, automobiles, pickup trucks, trucks, buses, service and off-road vehicles.
By the way, according to information from the Leading Insurer of DPVAT Insurance, only in 2020, a total amount of BRL 310,710.00 was paid as coverage, of which BRL 33,530.00 as compensation for death, BRL 210,042.00 for permanent disability and BRL 67,138.00 for medical expenses, which supports the importance of this benefit as a way to mitigate the ills resulting from traffic in Brazil, which is increasingly intense in view of population growth.
In this regard, despite the sheer relevance of this insurance, currently there is a dilemma about its continuity or abolishment in Brazil, all because the Bolsonaro Government decided to order the suspension of collection for its maintenance in the last two years, remembering that every vehicle owner had the obligation until then to pay it annually.
Even with the suspension of collection from 2021, the amounts of compensations continued to be paid by the current manager of the Fund, more precisely by Caixa Econômica Federal, however, according to the former president of SUSEP, Mr. Alexandre Camillo, the funds will only last until the end of the current year.
Thus, even with such a scenario, to date it is not known what the future of such important insurance for Brazilian society is, especially because the Lula Government has not yet given any signal whether the fee will again be charged from vehicle owners or whether there will be any budgetary arrangement to allocate funds to the Fund.
For now, what can be said is that we are on the verge of ending up with a relevant insurance in the Brazilian Legal System, since without resources it is impossible to maintain the payments of insurance coverage, which is actually not expected to occur, especially because it will harm those most benefited from it, who, it should be said, are often not even able to purchase the medications required for their treatment!
Importantly, it should be added that the highest rate of accidents involves motorcycles, which, as is well known, are used by people with lower incomes, so that the insurance in question is essential for the treatment of disabilities or even to mitigate the problems arising from the loss of a loved one.
On this point, it is interesting to bring to light the figures raised by the Leading Insurer in 2020 (https://www.seguradoralider.com.br/Documents/Relatorio-Anual/Relatorio%20Anual%20-%202020%20v3.pdf?#zoom=65%):
Lastly, regardless of who will manage the Fund, whether a private insurer or a state authority, the Federal Government is expected to maintain DPVAT Insurance in the Brazilian legal universe, since it is an achievement of society and a relevant income distribution tool for beneficiaries who really need it.
In this case, time is of the essence and a quick solution is needed to solve this problem that has been dragging on for some time, even because traffic accidents do not stop, let alone their consequences on the lives of the victims!
Available at: https://www.editoraroncarati.com.br/v2/Artigos-e-Noticias/Artigos-e-Noticias/Seguro-DPVAT-sua-importancia-historica-e-futuro-controverso.html
Autor: Edyen Valente Calepis • email: edyen@ernestoborges.com.br • Tel.: +55 67 3389 0123
