Brazilian Superintendence of Private Insurance launches consultations on administrative sanctions regime raising disqualification to 20 years and setting BRL 35 million fine cap

The Brazilian Superintendence of Private Insurance (SUSEP) has opened two public consultations on draft resolutions by the National Council of Private Insurance (CNSP) and SUSEP that would update the administrative sanctions regime for activities supervised by SUSEP. The drafts cover the administrative inquiry, a remediation process, the administrative sanctioning process, categories of infringements and sanctions, criteria for applying sanctions, and the use of a term of commitment. The proposals stem from a sanctions sub-group within a working group established to support implementation of Complementary Law No. 213/2025, which amended Decree-Law No. 73/1966 and introduced new penalties, sanction-dosimetry guidelines, precautionary measures and the term of commitment; these changes are scheduled to take effect on 16 January 2026. Key parameters highlighted include extending the disqualification period to a range of two to twenty years and setting the maximum fine at the highest of BRL 35 million, twice the value of the contract or irregular operation, twice the consumer harm caused, or triple the economic advantage gained or loss avoided. The consultations run for 20 calendar days from the publication of Public Consultation Notices No. 11/2025 and No. 12/2025, with submissions via SUSEP’s online public consultation system.