O papel das instituições financeiras na prevenção do superendividamento: uma análise do projeto lei nº 283/2012

Abstract

This study analyzes a subject called “Over-Indebtedness”, and it aims to demonstrate how the financial institutions, responsible for allowing and granting credit, influence on creating this state of indebtedness. Also, this text shows how the Law Project nº 283/2012, whose goal is to reform the Law nº 8.078/1990, can alter the way in which the banks behave towards the credit consumers. To achieve this, this project used a bibliographical research method, guided by deductive and logical reasoning, through the examination of general parameters from Law, in order to obtain specific premises and conclusions about the subject. The study presents a brief analysis about the concept of credit, its consumption and how it contributes to create over-indebtedness situations. Due to the fact of this topic being little spread, this work defines the term over-indebtedness and its history, as well as it determines the differences between this institute and another one, already established in Brazilian laws, called civil bankruptcy. In addition, this study talks about the financial institutions' civil liability upon the over-indebtedness phenomenon. Lastly, the Law Project nº 282/2012 is exposed as an important mechanism to the credit consumer's protection, as it represents a proposal that can alter the consumer society and the relationship between financial institutions and consumers. As a result, it is concluded that the financial institutions' accountability over the credit concession is a relevant tool to prevent over-indebtedness, in order to restrain this big social problem.