O superendividamento do consumidor brasileiro relacionado aos contratos bancários: análise do projeto de lei do senado nº 283/2012

Abstract

This monograph approaches the Over-Indebtedness phenomenon including its conception and its main causes, as it happens with the popularization of the credit supply related to bank contracts, besides verifying the vulnerability of the consumer in the banking relationships. Having said this, the present also develops the details of the consumption relation, looking for the application of the Code of Consumer Protection to financial institutions. In addition to contrasting the functions of objective good faith with banking practices, through bibliographical, jurisprudential and legislative research, through the search for the imposition of duties on the credit provider, since it is the summed up view of the STJ to apply the Code of Consumer Defense to financial institutions, in order to avoid over-indebtedness, which threatens the existential minimum of the consumer who is in debt, given that the CDC does not dedicate special device to the concept of consumer credit.