As facetas do fenômeno do superendividamento no Brasil, à luz do agravamento das vulnerabilidades do consumidor diante da pandemia da Covid-19 e da recente aprovação da Lei 14.181 de 2021

Abstract

The present hypothetical-deductive research seeks to investigate, in depth, the dynamics of the relationship between the facets of the phenomenon of over-indebtedness – crisis currently experienced by Brazil –, the aggravation of the already intrinsic vulnerabilities of the consumer in face of the COVID-19 pandemic and the recent approval of Law nº 14.181 of 2021, which implemented measures aimed at preventing and dealing with the over-indebted crisis. In that regard, this monograph aims to outline what is meant by the phenomenon of over-indebtedness, characterize its features and demonstrate, through bibliographic research and analysis of data and reports issued by official authorities, the progression of mass indebtedness of Brazilian citizens. Furthermore, based on legislation, national jurisprudence and authorized doctrinal studies, it proposes to anatomize the congenital vulnerabilities of the figure of the consumer, differentiating each one of them and performing a parallel with the supposed hyper-sufficiency and stability of the figure of suppliers and placing them according to the theme of this research project. In another turn, it intends to relate the above content with the outbreak of the COVID-19 pandemic and study its reflexes on those, trying to measure the aggravation of existing vulnerabilities, their causes, reasons and consequences, including on the repercussion itself regarding the situation of over-indebtedness of the Brazilian citizen. In addition, it is also intended to study the mechanisms of Law 14.181 of 2021, better known as the Law to Combat Consumer Over-indebtedness, historicizing its origins and the pretexts and purposes that gave rise to the initiative of its proposal, discussion and promulgation. On the other hand, it seeks to scrutinize the means, instruments, devices, methods and gears formulated by it to combat over-indebtedness, from prevention to treatment. Thus, it aims to conclude whether the aforementioned techniques and procedures prove to be effective and compatible with the Democratic State of Law in force in the Federative Republic of Brazil, if in accordance with the constitutional text carved in the Magna Carta of 88 and with the consumer defense microsystem embodied in the Law nº 8.079/90 and if, finally, they implement the existential minimum and the sacred principle of human dignity