A preservação do mínimo existencial e o superendividamento no Brasil: uma análise à luz dos Direitos Econômicos, Sociais e Culturais

Abstract

The over-indebtedness phenomenon, which affects a significant number of individuals worldwide, emerges as a harmful product of globalized capitalism, directly impacting the enjoyment of various human rights, especially the so-called Economic, Social and Cultural Rights. In Brazil, a significant portion of the population is unable to meet its financial obligations without this hindering the satisfaction of basic needs. In response to this scenario, Law No. 14.181/2021 enacted, which introduced crucial changes in the country's credit granting policy, as well as establishing the Brazilian model for regulating over-indebtedness. It so happens that the referred legislation has its effectiveness conditioned to the delimitation of the existential minimum to be preserved in the prevention and treatment of the phenomenon, being this enigmatic figure object of old disagreements in the administrative, judicial and doctrinal fields. In this context, the relevance of International Human Rights Law in defining the content of the existential minimum is defended, so that the main objective of the work is to inquire an understanding of this minimum content through the global and regional systems of protection. From this perspective, it is observed that the international legal order, under different nomenclatures, has been setting important standards regarding the existential minimum that must be observed by the Brazilian Government when disposing of dealing with over-indebtedness.