O superendividamento do consumidor

Abstract

Consumer over-indebtedness is a social phenomenon that deserves adequate legal treatment. This paper analyzes the issue of consumer relations, seeking to differentiate active overindebtedness from passive debt, finding causes such as the stabilization of the economy and the popularization of credit and effects, such as inscription in credit protection agencies, depression and family conflicts. Explains that the absence of specific legislation to address the issue in the country causes a gigantic gap and undermines the weaker and more vulnerable pole of the consumption relationship. It shows that countries such as France and the USA have laws to deal with the phenomenon, the first is based on solidarity and the possibility of debt repricing, while the second is characterized by the possibility of fresh start. Explicitly, there is currently a Bill in the Chamber of Deputies for the modification of the Consumer Defense Code, in order to give adequate and specific treatment to over-indebtedness. Finally, the present work lists mechanisms of prevention and protection to the over- indebted consumer, such as the right of repentance, the responsible supply of credit, respect to the existential minimum and the duty of cooperation of the supplier