A abusividade da cláusula contratual que veda composição entre segurado e vítima, sem anuência expressa do segurador, em face do código de defesa do consumidor

Abstract

This work aims to demonstrate through a brief historical analysis that although there was a significant advance in the search for the effective balance between costumer and supplier, there’s still a very long way to be covered to have this effective aimed balance between costumer and supplier. New principles and concepts arises, old dogmas are relativized looking to protect the figure economically and legally the weakest of the negotiated relations of the actual consumer market, in which contracts are created unilaterally, leaving only to the costumer accept or them. The costumer extremely vulnerable to the mightiness of the supplier, been in much cases endorses by the Judicial Department these contractual balance, stating up as valid clauses eminently abusive. With the function of have this situation proved, will be object of study the clause that prohibits in the insurance contracts, realized by the protection of the Consumer Defense Code, the composition between insured and victim, without the consent of the insurance