THE OVER-INDEBTEDNESS LAW AND THE ELDERLY HYPERVULNERABLE PEOPLE

THE PATH OF RE-EDUCATION OF THE HYPER-CONSUMERISM SOCIETY AND THE FIGHT AGAINST THE EXCLUSION OF OVER-INDEBTED ELDERLY CONSUMERS

Abstract

The growth of advertising aimed at the elderly in face of the significant increase of this population in Brazil, the physiological weakness due to advancing age, the reduced financial education, the excessive technical hypervulnerability in relation to new technologies, requires the State to intervene in the rules of the consumer market so that damage does not occur to these users considered hypervulnerable. The Law of Overindebtedness (Law No. 14,181/2021) amended the CDC and the Statute of the Elderly, with the aim of regulating the prevention and treatment of consumer debts, thus avoiding social exclusion and preserving the existential minimum, with a focus on responsible credit supply and financial education of consumers. The objective of this research, therefore, is to investigate the legislative innovations of Law No. 14,181/2021 (Superindebtedness Law) with a focus on elderly hypervulnerable consumers. In light of this, the present work seeks to answer the following starting question: how and to what extent can Law 14,181/2021 (Superindebtedness Law) be applied to combat overindebtedness and prevent the exclusion of elderly hypervulnerable consumers? The methodology used will be deductive, starting from the general to the specific, through qualitative, exploratory and bibliographic research of doctrinaire of the Consumer Law area, as well as specific articles on the topics: elderly consumers, hyper vulnerable consumers, consumption relation and overindebtedness. The present work reached the conclusion that the Law of Over-indebtedness has materialized changes that have long been necessary for the implementation of the prevention and treatment of Brazilian consumers' over-indebtedness, especially that of the hypervulnerable elderly.