ELDERLY RIGHTS: A LOOK AT FRAUD IN CONSIGNED LOANS

Abstract

The payroll loan agreement became standardized in 2003, when Law 10,820/2003 allowed for the consignment of social security benefits. This law opened a market niche for financial institutions with a totally different public, with characteristics who are INSS retirees and pensioners. Thus, the study starts from the following problem: what are the ways to legally prevent and support the elderly against payroll loan fraud? The general objective of this research is to analyze and debate the use of the law for the legal support of the elderly who suffered fraud in payroll loans. This is a bibliographic research, with an integrative review, carried out from the search for scientific sources such as books, articles and magazines on the subject, including English, Portuguese and Spanish, with a period of time of 10 years and with an approach qualitative. Legally based on the Federal Constitution of 1988, on the Elderly Statute, on the Consumer Code and on the Civil Code, and as a theoretical basis Gonçalves (2018), Basso (2020); Gagliano and Filho (2020) and Chagas and Santana (2020). As it is a topic that has not been studied much and that demands time from the Judiciary, due to the high number of cases in search of resolution, the legal support that the elderly can have was presented and helps in the propagation of information for academics and professionals whowant to complement your knowledge or learn about.