Open Insurance e os Limites da Regulação por Infraestrutura

This essay examines the limits of the Brazilian Open Insurance regulatory framework (OPIN) regarding normative gaps in the digital intermediation layer. Drawing on information economics and regulatory theory, it argues that Open Insurance does not eliminate informational asymmetry in the insurance market — it displaces it from the insurer-consumer axis to the digital intermediary-consumer axis, in a zone of lower regulatory density. Three concrete gaps are identified: the absence of a functional liability regime for digital intermediaries, the fragility of substantive consent in platform environments, and the absence of supervision over the algorithmic recommendation layer. The essay concludes that the protective effectiveness of the OPIN depends on normative complement that reaches the layer operating above the constructed infrastructure