O papel do legal design na efetivação da lei nº 14.181/2021: um meio de prevenção ao superendividamento

Abstract

In Brazil, the figure of the consumer receives constitutional protection in the legal system. This defense comes from the obvious discrepancy between consumers and suppliers, since the information available about services and products in circulation is unevenly distributed, affecting even consumers’ choices. Within this microsystem created by the advent of the Code of Defense of Consumer, a special protection was consolidated in this type of legal relationship, bestow peculiarities in the consumerist area in comparison with legal values established in private law, such as the intensification of good faith and the obligation attached to it: the duty to inform. As a develop of this microsystem, considering the phenomenon of over-indebtedness observed in society, from which people contracted debts that, subsequently, they would not be able to fulfill without affecting the sphere of the minimum existential and human dignity, was added to the CDC, through Law 14.181/2021, devices aimed at preventing this emergency by reinforcing the idea of clarification and transparency. In this context, we will try to explain, in this work, by deductive method, from general premises, ways to curt over-indebtedness through Legal Design and Visual Law, tools that aim to change the way in which legal services are offered to society, ensuring a clearer and more intelligible language, cooperating with reduction of inequalities imposed by obstacles in communication.