And to understand clearly and objectively why the STJ assertively guaranteed that the settlement of the insurance contract does not extinguish the insurer's obligation to indemnify buyers for hidden construction defects.

It is necessary then to understand what are hidden vices and what is home insurance .

What are hidden addictions?

Defects called "hidden" are those whose defect is discovered after the sale by the buyer, those that are not evident when the inspection is carried out before the property is delivered, that is, hidden defects are difficult to detect, which can take years to be verified and such vices usually compromise the use of the property.

What is home insurance?

Housing insurance, on the other hand, is when the insurer undertakes to guarantee the insured's legitimate interest against predetermined risks, being a fundamental and mandatory guarantee for real estate credit, with benefits for all parties involved. It is worth emphasizing that it is a mandatory contract aimed at protecting the family, as well as protecting the property by guaranteeing the respective financing, thus safeguarding public resources directed at maintaining the system.

In previous decisions, the STJ had already decided that:

[...] once the housing financing contract is settled , there is no longer the payment of insurance premium, and, consequently, there is no need to talk about insurance coverage. Thus, the absence of interest to act is collected" (REsp 1.558.679/SP, judged on 06/26/2018, DJe of 08/02/2018)

However, given the relevance of the matter commonly brought to the Judiciary, which reveals the seriousness of the situation experienced by thousands of policyholders who purchase the financed property and find their long-awaited home deteriorating due to construction defects , the STJ decided to carry out a new reflection on the subject. What weighed your decision.

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We then started to understand what the Civil Code brings about the subject.

Articles 422 and 765 of the Civil Code determine that the contract, the insured and the insurer are obliged to keep in the conclusion as in the execution the strictest good faith and veracity, that is, every contract must be based on the principle of good faith .

Notwithstanding this, Article 757 of the Civil Code also provides for the insurance contract, the insurer undertakes to guarantee the insured's legitimate interest, against predetermined risks.

It is the insurer's responsibility to provide all information clearly and objectively for everything that makes up the insurance contract, thus ensuring that the insured clearly understands the scope of the contracted guarantee.

In this way, the mandatory housing insurance for the granting of real estate credit by the SFH has a differentiated guarantee as it facilitates the acquisition of the long-awaited homeownership, in other words, it has a connotation that protects the family.

On the subject, Minister Nancy Andrighi spoke about the subject in these terms:

And, this obligation of guarantee is linked to the legitimate expectation of being indemnified for the losses incurred, in the event that their properties present defects, arising from the term of the contract, which imply a threat of collapse (art. 779 of CC/02). In another vein, from the perspective of public interest, this guarantee is even more important, as the structural integrity of the property is an essential condition for the property to be able to secure the financing and, therefore, ensure continuity of housing policy.”

As well as the Minister clarified that:

From any angle that the question is analyzed, it is concluded, in the light of the parameters of objective good faith and consumer contractual protection, that structural defects in construction are covered by housing insurance, whose effects should extend over time, even after the conclusion of the contract, to cover up the loss concomitant to its validity, even if it is only revealed after its extinction (hidden vice)”.

Therefore, it is important to emphasize that the delivery of the home by the builder does not extinguish the obligation to ensure the safety and solidity of the work, thus ensuring that the housing insurance even after the settlement of the contract covers the hidden defects, that is, it does not remove the responsibility of the insurance company.