Publicidade enganosa, instituições financeiras e crédito consignado: uma análise da jurisprudência do Tribunal de Justiça de Mato Grosso dos últimos 5 anos e os reflexos provocados pela Lei do Superendividamento

Abstract

This monograph studies the functioning and issues surrounding the contracting of payroll loans, with emphasis on the payroll credit card, from the perspective of the principle of consumer vulnerability and their right to information. The problem in question consists of analyzing the existence of a failure in the provision of services by financial institutions when contracting payroll loans, mainly with regard to misleading advertising and how the topic influenced the edition of Law No. 14,181/2021, which deals with over-indebtedness. In this way, the research aims to study the causes of consumer vulnerability and the need to edit consumer standards, understand the reason and functioning and problems of consigned credit in the Brazilian legal system and its influence on the creation of the over-indebtedness law and analyze practical cases judged by the Court of Justice of Mato Grosso judged in the last 5 (five) years. In this sense, the first chapter brought a historical contextualization about consumer vulnerability and the origin of consumer legislation, the second studied in depth issues related to payroll loans and the third presented practical cases to better support the research. To construct this monograph, theoretical research and the deductive method were used. In conclusion, there was an understanding that financial institutions are not fulfilling their duties regulated by law, which generates losses not only for the consumers involved, but also for the judiciary, in view of the massive judicialization of cases on the subject. .