A AUTOCOMPOSIÇÃO DE LITÍGIOS COMO INSTRUMENTO PARA O TRATAMENTO DO SUPERENDIVIDAMENTO DO CONSUMIDOR

Abstract

The present study aimed to analyze the treatment of the legal-economic condition of overindebtedness through the instrument of conciliation. Consumer overindebtedness is a growing problem in capitalist societies like Brazil, resulting from easy access to credit and consumer culture. This phenomenon affects not only individuals but also the financial health of society. Law No. 14,181/2021, known as the Overindebtedness Law, was an important milestone in introducing new principles into the Consumer Defense Code (CDC), addressing the prevention and treatment of overindebted consumers, and recognizing the importance of conciliation in addressing this problem. The Overindebtedness Law introduced preventive measures in the CDC to combat excessive indebtedness, requiring greater transparency in credit contracts and establishing rules for suppliers. These measures aim to protect consumers from abusive practices and ensure clear information about the costs and conditions of credit. Moreover, the legislation allows for the renegotiation of debts under more favorable conditions through conciliation. Conciliation enables fair and sustainable agreements, including debt renegotiation, and promotes the reintegration of consumers into the financial market. In the jurisdiction of João Pessoa, PROCONs and CEJUSCs play a fundamental role in treating overindebtedness. Programs like "Proendividados" and “Núcleo de Apoio ao Superendividado” offer conciliation and negotiation between consumers and creditors, assisting in the amicable resolution of conflicts. Additionally, pre-litigation treatment carried out in CEJUSCs seeks to avoid prolonged disputes and promote the self-resolution of conflicts, contributing to the effectiveness of public consumer defense policies.