O superendividamento sob a ótica da dignidade da pessoa humana: um diálogo interdisciplinar em prol da aprovação do projeto de Lei nº 1805/2021.

Abstract

The present course conclusion work deals with the over-indebtedness of the individual consumer in good faith in Brazil, bringing a reading based on the principle of human dignity, maintaining an interdisciplinary dialogue in defense of the approval of PL 1.805 / 21, which deals with amendment of the Código de Defesa do Consumidor and of art. 96 of the Estatuto do Idoso. The social exemption of the theme rests on the fact that a large layer of the community is over-indebted, thus, understanding the development of this problem in Brazilian society, reconciling it with the attempt to seek prevention and treatment, a historical analysis of credit was made, whose objective was conceptualize the social, economic and legal phenomenon of over-indebtedness based on PL 1.805 / 21 reaching the conclusion that the best concept, within the Brazilian context, is that such feat is about the impossibility, manifested by the consumer, natural person, of good -faith, pay all of its consumer debts, payable and falling due, without compromising their existential minimum. From the verification of the basic principles that protect the over-indebted consumer, such as: human dignity, information, transparency, objective good faith, vulnerability and cooperation, they were demonstrated as abusive practices and clauses, which are currently being practiced, with proposals to be confirmed in our legal system in order to protect the consumer. Finally, an approach to the prevention and treatment of over-indebtedness was made, bringing the credit provider's civil liability and broad access to financial education as pillars of a fairer consumer society. The approach will be guided by critical-methodological methods, legalexploratory, quantitative and qualitative research. Indirect and direct document analysis are the techniques developed. It is concluded that the problem in question is real and that the solution is the approval of the aforementioned Bill, as well as the faithful fulfillment of this by society.