SUSEP Resolution No. 101: SUSEP consolidates electronic filing rules and makes SEI registration mandatory

The Superintendence of Private Insurance (“SUSEP”) has published SUSEP Resolution No. 101, which consolidates the rules governing procedural acts performed by external users, the processing of administrative proceedings through the Electronic Information System (“SEI”), and external access to such proceedings.

Expected impacts of the new regulation

In practice, the centralization of communications through the SEI and the introduction of automatic acknowledgment mechanisms within short timeframes shift responsibility for continuous monitoring of the system to supervised entities. As a result, entities will need to review their internal procedures for receiving official letters, requests, and notices, and designate primary and alternate personnel responsible for daily monitoring of the SEI.

Supervised entities must also identify all representatives acting before SUSEP and ensure their registration in the SEI. In addition, powers of attorney must be migrated to the electronic environment, and existing mandates without an express validity period should be reviewed. Procedures relating to the digitization and retention of original documents will also need to be adapted.

Main developments

Regulatory consolidation

The resolution revokes SUSEP Deliberation No. 230/2019 and SUSEP Resolutions No. 5/2021, No. 12/2022, and No. 35/2024. As a result, it becomes the single regulatory framework governing electronic filing, procedural communications, and external access to proceedings before SUSEP.

Filing through the SEI becomes the official method for submitting documents. Submission to SUSEP’s institutional email address does not replace formal filing through the system, and requests for access submitted by email will not be processed.

Mandatory registration and exemption for brokers

The registration of representatives as external users in the SEI becomes mandatory for the following individuals and legal entities:

• entities supervised by SUSEP;
• participants in, or parties interested in, administrative sanctioning and licensing proceedings; and
• suppliers that have entered into, or intend to enter into, contracts with SUSEP, except where SUSEP acts as a public service user.

Insurance, capitalization, open private pension, and microinsurance brokers, whether individuals or legal entities, are exempt from the mandatory registration requirement applicable to supervised entities.

Once registration is completed, all procedural acts and communications between SUSEP and those representatives, including document filing, must occur exclusively through the SEI. Exceptions apply only in cases of technical infeasibility, system unavailability whose duration may materially affect the speed or processing of proceedings, or where otherwise provided by specific regulation. Transmission errors not attributable to the SEI and failure to register do not constitute grounds for noncompliance with procedural deadlines.

Powers of attorney and documents

Powers of attorney must be issued, executed, and managed directly through the SEI. Mandates that do not contain an express validity period will remain effective until their revocation is communicated to SUSEP.

Born-digital documents submitted with a guarantee of origin are deemed originals. Digitized documents have the evidentiary value of simple copies, and responsibility for their content and integrity rests with the external user. SUSEP may require the submission of the original paper document within five days, until its right to review procedural acts has lapsed. Accordingly, original documents must be retained throughout that period. The use of OCR technology in submitted files also becomes mandatory, pursuant to the External User Manual.

Deadlines and procedural communications

Timeliness: procedural acts performed by 11:59:59 p.m. (Brasília time) on the final day of the applicable deadline will be deemed timely. State, municipal, and district holidays are not considered for purposes of deadline calculation.

Automatic acknowledgment: communications sent to registered users are deemed personal notifications. If the document is not accessed, the communication will be deemed automatically completed after one calendar day under the general rule, or after five calendar days in sanctioning proceedings. These periods are counted excluding the day of dispatch and beginning on the first subsequent business day. If access occurs or the relevant period expires on a non-business day, the communication will be deemed completed on the following business day.

External access: SUSEP will have up to ten business days to process access requests, which may be granted partially and do not extend to documents still under preparation. Access will remain available for 30 calendar days. At SUSEP’s discretion, this period may be extended to up to two years for supervised entities with an interest in the proceeding, provided they have an institutional email address registered in the SEI and submit the request through the designated form. Registration of the institutional email is optional and waives the requirement to submit representation documents when requesting access.

System unavailability: system unavailability will be deemed to exist where an interruption exceeds 120 minutes, whether continuous or not, between 6:00 a.m. and 11:00 p.m., or where the interruption occurs between 11:00 p.m. and 11:59 p.m. Interruptions will be recorded in reports published on SUSEP’s website, which users are responsible for monitoring. Failures in the user’s own equipment or internet connection do not constitute system unavailability.

DOCS Mercado

DOCS Mercado is SUSEP’s platform for sending documents, notifications, and summonses to supervised entities and other participants in the regulated markets. Since SUSEP Resolution No. 76/2026, the system has also allowed responses to be submitted directly through the platform. Resolution No. 101 amends Resolution No. 76/2026 to align the rules governing DOCS Mercado with those applicable to the SEI regarding document issuance, deadline calculation, and system unavailability. Documents relating to proceedings processed through the SEI must be issued through the SEI itself. Deadlines will be counted in calendar days, beginning on the business day following document availability. In sanctioning proceedings, the counting period begins upon download of the document or, if it is not downloaded, after five days, counted from the first business day following the end of that period.

The regulation will enter into force on December 1, 2026. Mandatory registration in the SEI will become enforceable as of January 30, 2027, 60 days after the regulation comes into effect.

Read SUSEP Resolution No. 101/2026 in full.

Demarest’s Insurance, Reinsurance, Health and Private Pension team remains available to provide guidance regarding the new regulation.