A efetividade da Lei nº 14.181/2021 sobre a concessão irresponsável de créditos bancários: medidas para a prevenção e tratamento do superendividamento no Brasil

Abstract

This paper analyzes the effectiveness of Law No. 14.181/2021 in combating over-indebtedness, considering its prevention and treatment measures in Brazil. To this end, the text explores the fundamentals of the phenomenon, addressing its historical and socioeconomic causes, such as irresponsible lending and a lack of financial education. The research highlights the importance of responsible lending and criticizes banks' credit-granting practices without properly assessing consumers' repayment capacity, demonstrating how the lack of clear and ethical guidelines on the part of financial institutions contributed to the escalation of the problem. Furthermore, the paper addresses the concept of the existential minimum as a value that guarantees a dignified subsistence for individuals and criticizes Decrees No. 11.150/2022 and No. 11.567/2023, which limit this guarantee. The text concludes by analyzing the prevention and treatment measures provided for in the law, seeking to understand their challenges and potential in protecting consumer rights.