ELDERLY CONSUMER PROTECTION IN BRAZILIAN LEGISLATION

Abstract

The article addresses the legal and social protection of elderly consumers in Brazil, highlighting the progress promoted by the 1988 Federal Constitution, which elevated consumer protection to the status of a fundamental right and introduced Article 230, which ensures the dignity and well-being of elderly people. The study aims to demonstrate how Brazilian legislation guarantees specific rights and protection mechanisms for the elderly population. It explores the Consumer Defense Code (CDC) and the Elderly Statute as complementary instruments to safeguard the rights of this vulnerable group, highlighting the relevance of principles such as human dignity, equality, and protection against abusive practices. The text also analyzes the Over-indebtedness Law (Law No. 14,181/2021), emphasizing its contribution to preventing and mitigating the effects of over-indebtedness, especially in relation to the elderly population. Among the changes introduced, the reinforcement of the duty to provide information and the need for a responsible assessment of credit conditions, considering the peculiarities and vulnerabilities of this group, stand out. Through bibliographic research and documentary analysis, the work highlights the importance of dialogue between standards to ensure the dignity and social inclusion of the elderly. Finally, the article found that Brazilian legislation has a vast protective apparatus for the elderly, in addition to highlighting the importance of integration between regulatory instruments and public policies aimed at protecting the elderly, promoting their social inclusion and guaranteeing their rights in a full and effective manner, in alignment with the constitutional principles of citizenship and dignity. However, it is worth highlighting that although the legal framework is robust, its implementation depends on concrete public policies and social awareness.