Os aspectos da lei do superendividamento: a vinculação obrigatória do credor ao plano de pagamento do devedor.

Abstract

This article seeks to describe the central aspects of the Over-Indebtedness Law (Law No. 14,181/2021), with an emphasis on the mandatory linkage of the creditor to the debtor's payment plan. It will address how this legislation aims to protect consumers who accumulate debts beyond their repayment capacity4 a situation triggered by the lack of financial education and the contemporary context of predatory credit offers, which jeopardize the existential minimum of these individuals. Additionally, the consensual renegotiation phase and the formulation of the compulsory payment plan will be studied, aiming to ensure the dignity of the debtor and the rights of creditors to receive their claims. Finally, a brief comparison will be drawn between the consumer's over-indebtedness process and the judicial recovery of companies, emphasizing, through a comparative method, the consequences of the innovations introduced by the over-indebtedness law in Brazilian law.