O uso da tecnologia blockchain em contratos de seguro de dano no Brasil

Abstract

This undergraduate thesis deals with the use of blockchain technology in damage insurance contracts, having as main hypothesis the question about the validity of the use of blockchain technology in damage insurance contracts, that is, if it is in line with the current Brazilian norms.The choice of this subject is justified due to the limited existence of national legal research on the subject and the importance of investigating this disruptive technology, which can help to make faster, automated and more reliable damage insurance contracts without, however, ignore the legal and technical difficulties to be overcome later. The structure of this paper is divided into introduction, three chapters of development and conclusion. The objective is to study the potential uses of this technology in damage insurance contracts in Brazil, identifying advantages and disadvantages related to its use. Moreover, the objective is to conceptualize blockchain technology, its operation and characteristics; conceptualize smart contracts and their characteristics; conceptualize damage insurance contracts, their functioning, forms of extinction, elements and characteristics. Regarding the methodology, the deductive method and the hypothetical-deductive method are adopted. Among the generic types of investigation, the legal-exploratory, the legal-prospective and projective are adopted. The approach is qualitative. The technical procedures adopted are: the bibliographic and the documentary. In addition, a professional who works with damage insurance contracts is consulted to understand the mechanisms of operation of these contracts, through a semi-structured interview. As for the projected objectives, it is exploratory research, because the subject approached is still little investigated. It is concluded that private blockchains are better suited to the requirements of this insurance industry, as well as that blockchain technology is already being used in Brazil, with legal validity, to send insurance policies, slips and endorsements and, finally, the SUSEP is promoting the use of this technology in damage insurance contracts through the adoption of a regulatory sandbox, without neglecting consumer protection, data protection and money laundering prevention.