THE MECHANISMS FOR CONSUMER PROTECTION IN ADHESION CONTRACTS FOR CREDIT CARDS AND PAYROLL LOANS: AN ANALYSIS OF THE CONSUMER’S VULNERABILITY AND TECHNICAL DISADVANTAGE IN LIGHT OF CURRENT LEGISLATION

Abstract

The present article addresses consumer protection in the field of financial products and services, with special attention to credit cards, payroll loans, and the phenomenon of over-indebtedness. The analysis is based on the fundamental concepts of Consumer Law and the guiding legislation, highlighting the Consumer Protection Code and Law No. 14.181/2021. It discusses misleading advertising and the duty of information, emphasizing the need for transparency and clarity in consumer relations. The study shows that the granting of credit, when done irresponsibly, significantly contributes to over-indebtedness, affecting the consumer’s dignity and their existential minimum. Current bibliographic references and relevant case law were used to illustrate the evolution of consumer protection in Brazil. The work concludes that, although there are significant legal instruments, the effectiveness of protection still faces challenges, especially regarding supervision and financial education of the population. It highlights the importance of more responsible commercial practices and the integration between public policies and legislative measures to ensure more balanced and fair consumer relations. Strengthening financial citizenship is, therefore, one of the paths to overcoming the issues discussed.