LEI Nº 14.181/2021: PREVENÇÃO E TRATAMENTO DO SUPERENDIVIDAMENTO ATRAVÉS DE MÉTODOS ADEQUADOS DE SOLUÇÃO DE CONFLITOS

Abstract

This work consists of a study of Law No. 14.181/21 with a focus on the effectiveness of conciliation in the prevention and treatment of over-indebtedness. The aim was to investigate how appropriate methods for resolving conflicts, especially conciliation, act in resolving over-indebtedness in contemporary Brazilian society, with the aforementioned law in force. Over-indebtedness is a complex phenomenon, so it was necessary to address its concept and categories, as well as the principles of good faith, existential minimum and human dignity. Conciliation is given prominence in the new law, so its guiding principles, the actors involved, techniques and the dynamics of a hearing of this type are indicated. Conciliation can be done out of court or in court and the participation of creditors is important for the swift satisfaction of claims and preference in the order of payment. In the event of absence at the hearing or a refusal to self-compose, compulsory judicial adherence to the payment plan is possible. The method used was a literature review combined with an analysis of data from the institutions surveyed. In practice, it was possible to follow conciliation hearings in which over-indebtedness was on the agenda. The research moved from a national to a local scope, with an emphasis on the actions of the bodies involved in consumer protection. In the study, it was possible to ascertain how PROCON'S and CEJUSC's in Paraíba act to make the law effective and, based on the data collected, to indicate ways of solving the research problem. The results indicate that there are points that need to be adjusted, such as the training of conciliators, due attention to legal provisions and creditors' disregard for debt renegotiation. Thus, with the legislation in question, the over-indebted consumer receives legal protection, however, there is still a long way to go to make it really effective.