BANK ABUSE IN CONSIGNED LOANS AND INCIDENCE OF THE CDC IN HYPERVULNERABLE RELATIONSHIPS

Abstract

This article aimed to analyze the legal and practical aspects of banking abuses in payroll-deducted loans, as well as the application of the Consumer Protection Code (CDC) in relationships of hypervulnerability. Payroll-deducted loans, with direct deductions from the payroll, have become a common practice in the Brazilian financial market. However, these operations often involve abuses, such as improper charges, the imposition of disadvantageous conditions, and lack of transparency, which particularly harm consumers in situations of hypervulnerability, such as retirees, pensioners, and low-income workers. Hypervulnerability is a key concept, as it reflects the condition of consumers who, due to their economic and social situation, are at a disadvantage in financial transactions, making them more susceptible to harmful practices by financial institutions. Therefore, the methodology adopted was qualitative and bibliographic, with a literature review on consumer rights, CDC regulations, legislation related to payroll-deducted credit, and studies on economic vulnerability. The research also involved the analysis of case law, current legislation, and expert opinions in the field of consumer law. The results indicated that, although the CDC establishes important protections for consumers, such as transparency in information and the prohibition of abusive clauses, banking abuses continue to occur, particularly in relation to more vulnerable consumers.