Análise da hipervulnerabilidade do consumidor idoso nos contratos de empréstimo consignado

Abstract

This work deals with the hypervulnerability of the elderly consumer with a focus on payroll loan contracts, aiming to study the protection of the elderly consumer in the Brazilian context, the impacts of granting payroll loans to this group and the need for special treatment resulting from the aggravated vulnerability . In this sense, the concept and the consequences of vulnerability are deepened, as a way to guarantee the dignity of the human person and the existential minimum, showing the applicability of fundamental rights in private relationships. In the analysis of the protection of the elderly consumer, a broad interpretation of the legal provisions on the subject is considered, evaluating the joint provisions of the Consumer Defense Code, the Elderly Statute and the Federal Constitution. The general aspects of payroll-deductible loans, the legal provisions of Law 10.820/2003, the Payroll Loan Law, the impacts of Law 14.181/2021, the Super-indebtedness Law, on this type of contract and the problems involving unregulated consumption were also worked on. for the elderly. Finally, considerations were made about the current Brazilian scenario of granting payroll loans to the elderly, highlighting the need for administrative protection through the bodies of the National Consumer Defense System and by the judiciary when analyzing the agreements involving this subject, preventing abusive practices in hiring.