A hipervulnerabilidade do idoso no direito brasileiro diante da politica dos créditos consignados

Abstract

It is about the hypervulnerability of the elderly in Brazilian law in the face of the policy of payroll loans, considering that payroll loans originate from abuses by credit line providers, who take advantage of the elderly person's fragility to convince them to contracts, which, for the most part, violate fundamental rights. These hirings have been a consequence of the increase in extreme poverty among the elderly, which generates an undignified old age due to the lack of quality of life and the existential minimum, since payroll workers can get a 35% discount on their salary, in addition to the fact that in some cases they saw debts that were impossible to pay due to numerous renegotiations. In addition, new discussions arise with the advent of Law 14,181/2021, known as the Over-Indebtedness Law, as it aims to address unregulated and harmful consumption, being accentuated for the elderly, as they need full protection. In view of this, the present research seeks to identify how the vulnerability of the elderly person can be faced in relation to the ease of obtaining payroll loans. This is because it is necessary for there to be contractual equality and balance between the elderly and the credit provider, with a strict interpretation of constitutional principles and norms, always guided by the dignity of the human person with the due provision of relevant information on the contract and punishing strictly irregularities, in order to allow dignified aging. Therefore, it will be analyzed, in a general way, the hypervulnerability of the elderly before the payroll loan and the implications generated to the basic set of fundamental rights, while in a specific way it will be discussed about the conceptual and historical aspects of old age in Brazil, the main problems faced by the elderly person in relation to payroll loan contracts and the forms of confrontation used by the Brazilian legal system. Thus, for the elaboration of this research project, the methodology of bibliographic research was chosen, through the deductive method and descriptive research, aiming to facilitate a better understanding of the theme through analysis and research based on bibliographies, national doctrines and of jurisprudence, in order to identify the main aspects of the right to full protection of the elderly and their existential minimum in consumer relations.