O superendividamento e a proteção legal do consumidor idoso hipervulnerável

Abstract

The present work deals with the hypervulnerability of the elderly against the phenomenon of over-indebtedness. Based on the analysis of doctrines, academic articles, jurisprudence and legal texts such as: Consumer Protection Code, Federal Constitution and Law 14,181, known as the Over-indebtedness Law, with the aim of substantiating the need for specific protection for this category as a consumer in situation of hypervulnerability, and analyze in which aspects the over-indebtedness law was able to enhance this protection. From the outset, the legal vulnerability of the consumer is taken care of in order to justify his special condition as a result of the rights that are constitutionally and infraconstitutionally attributed to him. The hypervulnerability of the elderly consumer is also recognized, according to recurrent court rulings. However, there is a need to enhance this protection, as consumers with increased vulnerability are often victims of over-indebtedness. From this perspective, the new law brought the protection of the existential minimum and the strengthening of several constitutional principles, with the aim of guaranteeing the rights of these consumers. The scenario in consumer relations, in the case of an elderly person, must be based on the values and principles determined by the constitutional system based on the dignity of the human person and fundamental rights. The approach used is qualitative, as we are analyzing issues already postulated by law, through the phenomenological method.