Questão jurídica principal
Whether a suicide attempt committed in a state of total incapacity of discernment falls within accident insurance coverage under Art. 37 para. 1 LAA.
Decisão extraída
Yes. If the insured person was totally incapable of acting reasonably because of mental illness at the time of the suicide attempt, accident insurance benefits remain payable.
Fundamentação extraída
The decisive point is the insured person's mental capacity at the time of the act. A suicide attempt carried out without any reasonable control due to a severe psychical disorder is not treated as a disqualifying intentional self-harm event for purposes of denying benefits.