PRÁTICAS CONTRATUAIS DIGITAIS: UMA ANÁLISE DO IDOSO ENQUANTO CONSUMIDOR HIPERVULNERÁVEL

Abstract

In the so-called information age, the humanity is heading towards an even more technological, automated and evolved future in terms of the efficiency with which human actions take place, whether work, social, organizational or legal. In this sense, the technological instruments available in current times can be, at the same time, an object of effectiveness or decline of these relationships depending on the use given to them. In such a modern context, the figures of the consumer, the elderly and technology meet in the legal relationship. The elderly, hyper-vulnerable as a consumer and with limited knowledge of the digital world. Technologies, increasingly present in all areas of society, increasingly penetrate contractual legal relationships, which become increasingly linked and dependent on the digital. In such a context, the hypervulnerability of these consumers is easily visualized, who, born and raised under the aegis of concrete and robust contractual relationships found in physical contractual instruments, find themselves lost in the face of these digital modalities of consumer contracts. In this context, the problems of digital exclusion, consumer hypervulnerability and techno-dependence emerge that throw them into a completely new and challenging world, creating the problem of addictions in consumer relations, as well as new legal crises between consumer and supplier that the judiciary still cannot effectively combat the imprecision of the rules that apply to this situation. Thus, the elderly find themselves even more vulnerable and abandoned in modern society. Meanwhile, the current debate that negotiates freedom versus state protection for these individuals continues without reaching a common thesis worthy of this group, which is so socially fragile.