Empréstimos consignados fraudados: a vulnerabilidade dos beneficiários idosos e a necessidade de proteção de dados e compliance no âmbito do INSS e das instituições financeiras

Abstract

This research aims to analyze fraud in payroll loans committed against elderly individuals, presenting the protection of personal data as a solution to address this issue. The study is based on the premise that, while technological advances have facilitated service delivery and streamlined loan contracting processes, they have also exposed elderly INSS beneficiaries to new social risks. In this context, the research investigates how the centralization of information in the “Meu INSS” portal, the fragility of authentication mechanisms, and the ineffective performance of public authorities and financial institutions contribute to consent vices, especially in contracts entered into without the users’ knowledge. A qualitative and exploratory study was conducted, based on bibliographic research and the analysis of legislation and jurisprudence related to the topic. The structure of the work was organized to present the evolution of payroll loans and their connection to the Brazilian Financial System, to discuss the vulnerability of the elderly with a focus on consumer-related hypervulnerability—including issues related to payroll loans—and to highlight the protection of personal data as a legal mechanism to combat fraud, particularly based on the General Data Protection Law and the role of the National Data Protection Authority, along with the adoption of compliance practices. It was found that, despite the existence of a normative framework for the protection of the elderly and consumer rights, there is a clear difficulty in bridging theory and practice, especially due to the lack of compliance procedures within public and private institutions, which opens space for frequent fraudulent conduct. As a conclusion, the study points to the urgent need to improve information security practices and strengthen the State’s role in supporting the elderly population in an increasingly digital world.