Insuring Research

Specifically to the presented case, we intend to demonstrate that the Insuring one does not have the duty to return any deducted values of the soldier’s pays of the integrant ones of the PMPB if, the estipulante of the contract, the State of the Paraba, authorizeed the discountings. This is our positioning, differently of what innumerable paraibanos magistrates have understood, ahead of some processes that move in the Judiciary paraibano. Leaving of these consideraes, we will start to discourse concerning the employed methodology. As we know, the methodology is science that studies the methods used in the scientific research, that is, is the way that must be covered by the researcher in the intellectual production. Being thus, as procedure methods, we appeal to the use of the comparative degree.

In such a way, we search to demonstrate the diverse forms of responsibility, also in contracts, beyond bringing agreements of magistrates in relation to the case concrete, making comparisons between decisions favorable to the insuring company with divergent recitals, explaining the differences between these agreements, beyond bringing, also, favorable decisions and agreements to the related companies, explanando its divergences of recital and debating them on the basis of the doctrine and in the effective legal system. The method of boarding used in the research was the deductive one, breaking of the study of the doctrine and general specifications on the subject, arriving the specific conclusions ahead of the case presented concrete. Finally, the legal method of interpretation that we use was the sociological one, since we search to analyze the legal devices and applicable principles of right to the subject, object of the study, making critical to the interpretations given for the magistrates and its applications in the case concrete. The metodolgica source of this research was of qualitative nature, in the measure where we intend to approach a subject of extreme repercussion and social relevance, which is the contract of safe from life, that is obligator in institutions as the PMPB, had to the constant risks which its integrant ones are submitted.

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