LEGAL PROTECTION OF THE CONSUMER AGAINST INSTRUMENTS THAT LEAD TO OVER-INDEBTEDNESS

Abstract

The principle of consumer vulnerability is present in the Consumer Protection Code (CDC), established by Law No. 8,078/1990, and recognizes the consumer as the weaker party in the consumer relationship, justifying special protection. Furthermore, this vulnerability can be technical, economic, legal, or informational, as consumers generally have less knowledge, resources, and access to information than suppliers, placing them at a disadvantage. Thus, the legal system seeks to balance this relationship, imposing on suppliers the duty of transparency, good faith, and clear information about products and services. Law No. 14,181/2021, known as the Over-Indebtedness Law, innovated the Consumer Protection Code and the Senior Citizen Statute to address the growing problem of over-indebtedness in Brazil, promoting financial education, preventing excessive debt, and enabling judicial debt renegotiation. Thus, this study aims to understand how Law 14.181/2021 balances consumer relations in light of the vulnerability of over-indebted consumers, analyzing the concept of vulnerability and the legislative changes that protect these consumers. Finally, the research, both bibliographical and theoretical in nature, contributes to the debate on the law's effectiveness and the development of fairer solutions for structural debt in Brazil.