Gender discrimination on insurance contracts

Publicado em 28 Apr. 2016. Última atualização em 28 Apr. 2016
ACTIVITY DESCRIPTION

Summary: 

The activity focuses on the effects of a constitution of civil law, specifically in the case of an insurance contract. It is intended that students strive to build consistent legal arguments in difficult cases, paying attention to the peculiarities and consequences of the application of fundamental rights in private relations. For that, they should discuss the constitutionality of charging differential premium due to the contractor's gender.

Objective: 

- GENERAL GOALS: sensitize the students about the complexities involved in the phenomenon of the constitution of the civil law, especially as regards the horizontal efficiency of fundamental rights in private relationships.
-SPECIFIC GOALS: 
- encourage the discussion of a case that demonstrates the complexities resulting from horizontal efficiency of fundamental rights in private relations.

- Identify the peculiarities of the insurance contract under the legal and economic perspective.

- Reflect on the possible economic consequences of adopting one or another legal regime.

- Develop the argumentative capacity.

Dynamics: 

- TEACHING METHOD: role-playing, in which the students have taken certain roles and acted in accordance with them.

- REQUIREMENTS: There was a previous obligatory reading of SARMENTO, Daniel. Direitos Fundamentais e Relações Privadas. 2ª ed. São Paulo: Lumen Juris, 2006, p. 236-255.


- INTRODUCTION TO THE DYMANICS: based on news (attachment 1), the room was divided into groups, with sub-groups of 3 or 4 members: John lawyers (A1, A2, A3, A4, A5 groups) and lawyers of insurance company (B1, B2, B3, B4, B5 groups). Each group received a paper with the case and some guidelines and had a time period of one hour to prepare themselves and can consult legislation, judicial decisions and doctrinal materials available at the internet. The professor walked around groups to answer questions and discuss possible ways or case’s problems.


- DEVELOPMENT OF THE DYNAMICS: after preparation, the groups started discussions in the following order:
1) A1 Group members presented their arguments individually (5 minutes);
2) B1 Group members presented their answers individually (5 minutes);
3) A2 Group members presented their replica individually (5 minutes);
4) B2 Group members presented their rejoinder individually (5 minutes).

The dynamics continued like this until all groups presented their arguments.

The professor just coordinated the activity, intervening only when the manifestation of the students contained serious mistakes.

All students should necessarily manifest themselves during the activity, but could not speak more than once. If the student had any more idea of argument, it should convey the idea to the group colleague, and then he or she could manifest. During the debate, it was not allowed the intervention of other students even if they were members of the same. 
- END OF THE DYNAMICS: the professor takes up the discussion in the next class to address some specific aspects of the insurance contracts.
- ATTENTION IN THE CLASSROOM:
1) The news is in English. Depending on the linguistic level of the class, it is recommended that the professor translates the text or searches a similar news in Brazil. 

Evaluation: 

- FEEDBACK: the professor gave back the feedback in the classroom, returning terminological inaccuracies in the later class.
- GRADE EVALUATION: the posture of the students during the discussions and the simulation was taken into account for the participation grade. The grade was individual, based on the students' activity in the group discussion, presentation and simulation. This grade composed the final note of interest. The professor appreciated the preparation of technical, consistent and creative arguments that observing the presence of the completion of required reading. 

 

Observation: 

The professor can take advantage of the dynamics to deal with microeconomic questions with students, encouraging them to think about the impact on the price and demand for insurance if there were prohibited the discrimination based on gender. 

Activity Details

Name: 

Gender discrimination on insurance contracts

Institution: 

FGV DIREITO SP

Concentration area: 

  • Civil Law
  • Constitutional Law
  • Contractual Law
  • Insurance Law
  • Human Rights
  • Microeconomics

Discipline : 

Obligations and Contractual Law I – 2nd year

Course: 

  • Undergraduate

Key words: 

  • Economic analysis
  • Civil Law
  • Constitutionalisation
  • Insurance Contract
  • Horizontal efficiency of fundamental rights

Number of students: 

From 20 to 40

Time of application: 

From 1 to 2 hours

Edition: 

Guilherme Forma Klafke
Fernanda Tie Yamamoto

Copyright

Licença Creative Commons
This work is licensed under a Creative Commons Atribuição-NãoComercial-CompartilhaIgual 4.0 Internacional

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