System Brazilian and American Reinsurance: needed of convergence

• Autor(a) principal: pereira, marcela semeghini
• Data de Publicação: 2013
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito da UERJ
• Texto Completo: https://www.e-publicacoes.uerj.br/rfduerj/article/view/4987
• topic: reinsurance; competition; Complementary Law 126; market; international.

This study presents definitions and characteristics of insurance and reinsurance,emphasizing the representation of these issues in Brazil and the relationship among the Brazilianand American reinsurance scheme. We will present the key moments of the two systems, up tothe present, where Brazil started as a monopolistic system with the creation of the BrazilianInstitute of Reinsurance - IRB, in the Vargas Era, until the opening of the market, with thesanctioning of the Complementary Law 126, in 2007. This openness enables the integrationbetween Brazil and the international markets, highlighting the American market, and increasedcompetition and search for the best price that indicates need for adjustments of the currentsystem. The American system of reinsurance, open to the markets for a longer period of time,therefore with greater expertise in this service, faces the challenge of the tax evasion, ie, theleakage of money to tax havens and therefore the nonpayment of taxes, and the need to unify theregulation of reinsurance in the country. The two countries, in the current scenario, have a lot toadjust and develop in this market, and the changes to come will generate worldwideconsequences in this segment.