A OFERTA DE CRÉDITO AO CONSUMIDOR IDOSO NO REGIME JURÍDICO DA LEI DO SUPERENDIVIDAMENTO

Abstract

The main objective of this monograph is to present the changes promoted by Law No. 14.181, of July 1, 2021, also called the Over-indebtedness Law or the Responsible Credit Law or the Claudia Lima Marques Law, in the legal framework of the credit offer to the elderly consumer. In this perspective, it seeks to answer the following problem: what were the changes established by the Over-indebtedness Law in the legal framework of the credit offer to the elderly consumer? To this end, the modalities of theoretical, qualitative and descriptive research are used, with a deductive approach method, with historical and comparative procedure methods, with the technique of indirect documentation, using documentary research and bibliographic research. In the first chapter, the contemporary consumer market and the offer of credit are discussed, addressing the role of consumption today, the massive contracting of credit in the consumer society and its impacts on consumers' over-indebtedness, in addition to the fragility and legal protection of the credit consumer in general before Law No. 14.181/2021. In the second chapter, the participation of the elderly in consumer relations is examined, tracing the profile of this group of consumers, differentiating the hypervulnerability of this category from the vulnerability common to each and every final consumer natural person, as well as investigating the phenomenon of over- indebtedness of the elderly consumer. In the third chapter, the law in question is analyzed, identifying its new paradigms and its mechanisms of prevention and treatment of over-indebtedness, examining art. 54-C, IV, of Consumer Defense Code (CDC) and art. 96, paragraph 3, of Elderly People's Act, normative devices added by the Over-Indebtedness Law and specifically related to consumers aged 60 or over. Finally, it is concluded that the legal framework inaugurated by Law No. 14.181/2021 granted greater protection to the elderly consumer of credit, in line with the constitutional duty to protect the consumer and the elderly.