Lei do superendividamento e a análise do consumidor

Abstract

In order to guarantee the minimum existential and the human dignity, Law nº 14.181 was created, named as the Over-indebtedness Law, which has as its principle to prevent the consumer social exclusion with rules for the granting of credit. Nowadays, in the consumer society, over indebtedness is a recurring phenomenon. The individuals consumption combined with the expansion of the credit market in recent decades, has resulted in high rates of consumer indebtedness and default. Moreover, with the emergence of the Covid-19 pandemic, in 2020, one of the greatest examples of over-indebtedness occurred. The pandemic caused workers to lose their jobs and accumulate divisions. In 2020, the percentage of indebted people in Brazil reached 66.5%, which is the highest level of family indebtedness in the last 11 years. The Map of Default in Brazil showed more than 62 million Brazilians in default and half of these had all their income compromised, causing them to live in over-indebtedness and unable to get out of it. However, to be included in the over-indebtedness law, it is necessary to fulfill some requirements, such as: the consumer cannot contract the debt with fraud or bad faith; be the result of contracts entered into with the purpose of not complying with payment; arising from the acquisition or contracting of high-value luxury products and/or services.