A hipervulnerabilidade do consumidor idoso nas relações consumeristas: a (in)eficácia dos mecanismos de proteção aos direitos dos idosos frente a fraudes em empréstimos consignados pelas instituições financeiras

Abstract

The present work aims to understand the methodologies for protecting elderly consumers in the face of their hyper-vulnerability in consumer relations involving the granting of consigned loan contracts in the face of abuse by financial institutions based on theoretical, normative, and legal premises. It also seeks to discuss the aspects of consumer relations, highlighting the characteristics that make the elderly population hyper-vulnerable in consumer relations. The study aims to investigate the (in) effectiveness of constitutional and consumer norms against financial institutions, as well as other specific legislations such as the Elderly Statute and the National Elderly Policy, specifically in consigned loan contracts. Furthermore, the work aims to present how the problem can be addressed by the legal system, regarding tools that effectively protect elderly consumers from loan fraud, using bibliographic methodology to analyze the problem's variables, comparing various theses on the subject, employing the inductive scientific method, and theoretical research.