A tutela do consumidor excessivamente endividado como forma de preservação dos direitos fundamentais da pessoa humana [thesis]

Cinara Palhares
The over-indebtedness of households is a recent phenomenon which has its origins in the need of market economies to confer purchasing power to its main economic agent: the consumer. Since the end of the 20 th Century, credit has become the main propeller of consumer societies, making indebtedness a desirable situation. Such a situation, though, presents risks to consumers, who became subjected to over-indebtedness. The credit democratization has reached Brazil only in the 21 st Century,
more » ... ng itself as the main threat to the consumer's financial integrity. The governmental incentive to make credit affordable and the creation of new instruments of credit were the main factors responsible for the growth of consumer credit. However, the lack of an effective consumer protection net may bring about serious social problems and the violation of borrowers fundamental rights. This context took place in many countries where the credit revolution has happened generating a multitude of passive over-indebted people, which are living on the margins of society, causing a serious problem of social exclusion. In these countries, as France for example, a specific law was adopted for the prevention and handling of over-indebtedness, in recognition that this situation is prejudicial not only to the consumer, but also to the whole market, being able to cause even a severe generalized financial crisis. Brazil doesn't have a specific bankruptcy law to provide financial rehabilitation for the over-indebted consumer. However, Brazilian law has many rules through which fundamental rights are applied providing consumers judicial protection, including situations of over-indebtedness. This essay intends, firstly, to demonstrate the necessity of a specific bankruptcy law for the global handling of over-indebtedness situations and, secondly, to develop the judicial treatment de lege lata for the protection of the consumer credit in general and for over-indebtedness situations where the core of fundamental rights is threatened.
doi:10.11606/d.2.2010.tde-13122010-161854 fatcat:qqxy2ac4argojbjnb4mcy57zji