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This article aims to examine the unjust enrichment, which does not come with the necessary emphasis on the brazilian Legal System. To better understand the prohibition of unjust enrichment is essential to establish the unjust enrichment as principle in civil law in Brazil, so this application becomes exponential, using the maximum ways of unjust enrichment. To do so, we must analyze what the doctrine establishes by the concept of unjust enrichment as duplicitous figure, (i) as norm of law to be applied in casu and (ii) as a principle to be applied in the interpretation of other rules. It is necessary to go beyond the requirements of unjust enrichment and its contemporary assumptions in order to establish the true incidence of unjust enrichment, either as rule or as principle. Among the requirements we have: (i) enrichment, (ii) depletion, (iii) lack of cause and (iv) causation. With the assumptions about the unjust enrichment is possible to analyze it as a principle used in a paradigmatic case in the Civil Code of 2002. This is the case of subrogation the insurer entitled to reimbursement of the insured when the conduct of others. The objective of the study is to demonstrate if this prerogative violates or not the principle of unjust enrichment.

Aplicação do princípio de vedação ao enriquecimento sem causa no ordenamento jurídico civil brasileiro: o caso da sub-rogação das seguradoras