A DIGNIDADE DA PESSOA HUMANA NA JURISPRUDÊNCIA SOBRE SUPERENDIVIDAMENTO: UMA ANÁLISE DA LEI 14.181/2021 E DOS PRECEDENTES JUDICIAIS BRASILEIROS

Abstract

This study aims to investigate the effectiveness of the principle of human dignity in Brazilian jurisprudence on over-indebtedness, in light of the provisions introduced by Law No. 14.181/2021. Based on the premise that over-indebtedness directly compromises the minimum subsistence level and, consequently, the dignity of bona fide consumers, the study seeks to analyze how the Judiciary has applied new legal instruments to prevent and address this phenomenon. This research is qualitative, exploratory, and descriptive in nature, guided by the deductive method. Bibliographic and documentary research techniques were used, including the analysis of doctrinal works, regulatory provisions, and judicial decisions. As a methodological framework, we highlight the articles by Rafaela de Almeida Oliveira Santos and Cláudia Pinheiro Nascimento (2024), which address the case law of the Court of Justice of the Federal District and Territories (TJDFT), and by André Ricardo Cintra (2022), which focuses on precedents from the Court of Justice of São Paulo (TJSP). This delimitation made it possible to identify advances and obstacles in implementing the Over-Indebtedness Law in different regional contexts. The results show that, although Law No. 14.181/2021 represents a relevant milestone for the protection of over-indebted consumers, its full effectiveness still faces obstacles, either due to the difficulty in standardizing jurisprudential understanding or the resistance to recognizing the centrality of the existential minimum. Thus, we conclude that the effectiveness of the law depends not only on its legislative provision but also on the active and sensitive action of the Judiciary, capable of ensuring consumers access to a fair legal order.