Superendividamento do consumidor

Abstract

As a consequence of economy based on consumption, exposed to ostensible publicity  and propaganda, victims of democratization of credit, endangered to external factors, rises the  over-indebted consumer. Over-indebtedness ceases to be a personal issue and moves from private  sphere to reach the total collectivity, once not only it compromises personal assets (micro effect)  but also affects economy (macro effect), thus creates social exclusion. The increasing amount of  judicial litigation foregrounds the challenges the judiciary have faced. On one hand, it assures the  debtors the preservation of an existential minimum, on the other hand it guarantees the creditors  are effectively paid, nonetheless they must analyze the share of responsibility which is attributed to  them. Being a debtor is still culturally considered social stigma, and over-indebtedness creates  exclusion. An immediate and efficient plan of action and prevention is necessary. Due to the diversity of expenditure relations the current rules have shown to be inefficient in order to solve  the conflicts which have been created. Lacking specific rule favorable to handle prevention and  treatment of over-indebtedness (such as a Judicial Rebound Law meant to natural people), the  theme is object of the Bill number 3515/15. Concerning taking care of the over-indebtedness,  besides demanding suppliers of products and services, mainly in respect to debt extension, to do it  in accordance with the strict compliance with constitutional, sub-constitutional and special  mechanism and principles, it is also necessary to analyze the creditors behavior and responsibility.  The proposal to take action to treat the over-indebted is challenging, as over-indebtedness rises  from the combination of several contractual types. It is mandatory to create a law directed to  taking care of the over-indebted, one that not only watches over the consumers presumed  vulnerability, but also their vulnerability as people. The rule must be underlain in the principle of  human dignity and in the contractual relations bona fide, attaining each individual reintegration to  the market, avoiding their social exclusion. It must be agile and practical, moreover preferably  facilitated by extrajudicial means. Indebtedness derives from the market practices aimed at boost  economy. The rule has to be effective enough to preserve the existential minimum, in order to  allow each one to gather conditions of autonomic management, even though minimal. Overindebtedness  requires special analysis and study in the search for liable care and immediate  application and public policies to prevention. It is fundamental to develop public policies aimed to  financial literacy to conscious consumption, therefore humane capitalism. Essential measures in  pursuit of developing more balanced relation. A current and complex matter is dealt with, one  which has already been focused on by other countries, such as the United States of America and  countries in Europe, while it lacks special standardization in Brazil.