Law No. 15,040, of December 9, 2024, establishes the new Legal Framework for Insurance, promoting a broad reform of the legal regime of insurance contracts in Brazil. The law creates its own microsystem for Insurance Law, replacing the discipline previously provided for in the Civil Code, conferring greater legal certainty, predictability, and normative coherence to the relations between insurers and insured parties.
Among the main advances, the reinforcement of the duty to inform and contractual transparency stands out, with the requirement for greater clarity in policies and the provision of a glossary of technical terms. The law also establishes objective deadlines for the formation of the contract, for the acceptance or rejection of the proposal, under penalty of tacit acceptance, in addition to setting a deadline for the delivery of the policy after acceptance.
Regarding claims, the new legal framework establishes binding deadlines of 30 days for analysis and 30 days for payment of compensation after recognition of coverage, in addition to limiting the requirement for supplementary documents.
The legislation also strengthens contractual stability by prohibiting, as a rule, the unilateral cancellation of insurance by the insurer without prior notice, in addition to differentiating the intentional aggravation of risk, which may lead to the loss of compensation if the insured does not notify the insurer beforehand.
Finally, Law No. 15.040/2024 systematizes the rules on beneficiaries and improves the discipline of prescription, differentiating the time limits applicable to insured parties, beneficiaries, and third parties, with the aim of reducing controversies and increasing legal certainty.
Effective from December 11, 2025, the Legal Framework for Insurance represents progress and will require the adaptation of contracts, market practices, and regulations, directly impacting operations in this sector.
Mariana Sbarra | mariana@nascimentomourao.adv.br
Partner in the High-Volume Litigation area.
Sources: https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2024/lei/l15040.htm
