Santos Bevilaqua Newsletter – September 2018

Author:Santos Bevilaqua Advogados
Profession:Santos Bevilaqua Advogados
 
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INSURANCE AND OPEN SUPPLEMENTARY SOCIAL SECURITY

1) SUSEP CIRCULAR No. 577, OF 9/26/2018

SUSEP Circular No. 577, published on September 26, amended SUSEP Circular no. 477, of September 30, 2013. In particular, the new Circular (which also made small adjustments to the text of the Annexes to SUSEP Circular no. 47/2013) provides for the inclusion of chapter IV (Particular Conditions of the Specific Clauses - line 0775 containing the Specific Clause I Labor and Social Security Lawsuits) in the Annex I to SUSEP Circular no. 477.

Basically, the new text makes it clear the need for coverage of labor and social security-related obligations irrespective of court ruling or settlement. SUSEP collective board approved the Circular, following the opinion of the rapporteur: "once the contractor has not paid the portion of the labor and social security charges related to the workers, the idea-value that the performance bond may be used as a caution prevails since the peril and damage are latent, although in the last phase of a court demand already exhausted."

In the understanding of SUSEP, the Circular was enacted due to the conflict of the rules on the contractual guarantee in agreements executed with the Administration (SUSEP Circular no. 477/2013 and Normative Instruction no.5/2017 of the Management Department of the Ministry of Planning, Development and Management) and due to the analysis of Technical Note no. 2428/2017/CGLCD/DGI/SE (SEI no. 0230584), forwarded by the Federal Government - Federal Controller Office (CGU).

The new SUSEP Circular no. 577/2018 may be checked here.

2) SUSEP CIRCULAR No. 578, OF 9/26/2018

SUSEP Circular no. 578, published on 9/26/2018, included paragraph 6 in article 2 of SUSEP Circular no. 574, of August 17, 2018; which reads as follows: Art. 2 The Lead Insurer must submit until September 30 of each year for the approval of the SUSEP Managing Board an estimate detailing all expenses for the following fiscal year.

(...)

Par. 6 Exceptionally, in the first year of the effectiveness of this rule, the term to send the estimate referred to in the head provision will be November 30, 2018.

The rule results from a series of discussions among the Lead Insurer, representatives of the insurance market, SUSEP and others about the forms to adjust the Compulsory Insurance against Personal Injury caused by Land Vehicles (DPVAT) in view that the society, in general, and the Federal Accounting Court, in particular, questioned the...

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