A queda dos idosos na nova legislação securitária

Brazil’s aging population presents legal challenges in regulating life and personal integrity insurance, particularly regarding contractual continuity. Law No. 15,040/2024, by requiring formal criteria for non-renewal, may produce exclusionary effects on elderly consumers. This article examines whether Article 124 complies with the duties of transparency, loyalty, and teleological consistency derived from the principle of objective good faith. The study is justified by the need to assess whether formally neutral clauses produce indirectly discriminatory outcomes. A dogmatic-analytical methodology is adopted, based on national legislation, human rights treaties, and Brazilian case law. The first section discusses ageism in insurance relationships; the second applies normative good faith to test the provision. The conclusion finds that, despite formal coherence, the rule lacks effective protection mechanisms and must be interpreted in accordance with constitutional principles, alongside legislative reforms introducing individualized evaluation of contractual continuity.