ELECTRONIC CONTRACTS AND THE HYPERVULNERABILITY OF ELDERLY PEOPLE TO CYBER SCAMS: A JURISPRUDENTIAL ANALYSIS

Abstract

Electronic contracts represent an evolution in the formalization of legal transactions, providing agile and accessible contracts. However, due to their hypervulnerability, elderly people become frequent targets of fraud and cyber scams, requiring greater legal protection. This study aims to analyze the understandings adopted by Brazilian courts to protect elderly people against fraud in electronic contracts. To this end, court decisions and relevant legislation were examined, such as the Elderly Persons Statute and the Consumer Protection Code. The research showed that, although the courts seek to fill this legislative gap, the measures are still insufficient. Thus, this study contributes to the understanding of the challenges faced by the elderly in digital contracts, highlighting the importance of judicial action in protecting their rights and the need for specific legislation on the subject.