O superendividamento das pessoas idosas: uma análise acerca da hipervulnerabilidade da pessoa idosa e a lei no 14.181/2021

Abstract

Overindebtedness is particularly concerning among the elderly. This is because many seniors have limited fixed income and are vulnerable to financial fraud. Additionally, many may struggle to navigate the consumer market. Thus, Law No. 14,181/2021, which establishes a new legal framework for addressing overindebtedness, implementing significant changes to the Consumer Protection Code and the Statute of the Elderly, becomes crucial. In light of these changes, the following question arises: Does Law No. 14,181/2021 have the capacity to adequately protect elderly consumers in the face of challenges presented by the contemporary market? Based on this inquiry, the hypothesis emerges that Law No. 14,181/2021 can indeed ensure greater protection for older individuals. Therefore, the overall objective of this research is to analyze the phenomenon of overindebtedness and the application of Law No. 14,181/2021 in relation to the elderly population. The specific objectives include examining the historical and cultural concepts and criteria surrounding overindebtedness, studying the advent of Law No. 14,181/2021 and the changes implemented to the Consumer Protection Code and the Statute of the Elderly, and finally, analyzing the hyper-vulnerability of elderly consumers and the law on overindebtedness. From this study, it was possible to observe that Law No. 14,181/2021 addresses the main abuses suffered by this group effectively, while providing tools to restore the dignity of elderly consumers, thus confirming the initial hypothesis.