Superendividamento do consumidor : a hipervulnerabilidade do idoso no âmbito de contratos de concessão de crédito

Abstract

This presente work analyzes the elderly, supported by Law nº. 10.741 / 2003 (Statute of the Elderly), which inserted in the market becomes the consumer figure, protected by Law nº. 8.078 / 1990, joining these two universes and inserting them into the market. context of the credit offer. It is within this scenario that seeks to study the emergence of consumer law and define the concepts of consumer and supplier in order to better understand the role of each plays in the consumer relationship, bringing the principles of good faith and isonomy as guiding this relationship. , noting that they must always be present on the path that goes through the realization of the business. It analyzes the consumer personal credit agreement, explaining how the payroll loan modality was instituted by Law 10.820 / 2003 and how the supervision is still flawed. It examines the importance of protection and defense established by the Elderly Statute and addresses the notions of vulnerability, demonstrating how this factor can worsen in the cases of elderly consumers, evolving to hypervulnerability. It investigates the bad faith of the supplier companies and their lack of information on the risks of lending, which may lead to consumer debt. It takes a brief look at the concepts and species of indebtedness and explains how this situation gets worse when it comes to the elderly. Finally, it makes considerations about the importance of a planning that deals specifically with the issue of over-relieving and demonstrates how the approval of PL 3.515 / 2015 would be fundamental for the prevention and treatment of new cases.