A Lei do superendividamento e o microssistema de defesa do consumidor: avanços e perspectivas

Abstract

The Consumer Defense Code has an important social function, as it seeks to protect the most vulnerable part of the consumer relationship. Until recently, the over-indebted consumer did not find protection within the consumerist microsystem. After proceeding for nine years, Law 14.181/2021 was approved, which provides opportunities for the joint renegotiation of consumer debts. In addition to allowing consumers to start over, the law strengthens the role of consumer protection agencies and the conciliation process. This paper aims to present a basic history of consumer protection in Brazil, show some characteristics of the National Consumer Defense System, also reporting the existence of a State System, as well as discuss issues involving the Super-indebtedness law, its possibilities and limitations. We conclude that the law was well thought out with regard to the prevention of over-indebtedness, but that the treatment phase may encounter some obstacles arising from the local structures of consumer protection agencies, which have disparities, and also the absence of a definition for the “existential minimum”. The theme was chosen for its relevance and also for its importance in combating consumer social exclusion. The work was carried out through bibliographical and legislative research, based on dialectical and deductive methods.