OVERINDEBTEDNESS AND ITS SOCIAL EFFECTS: PREVENTION AND TREATMENT BASED ON CHANGES IN THE CONSUMER PROTECTION CODE

Abstract

This article sought to discuss and analyze the content of the legal text in order to evaluate the points of progress and advancement, as well as its negatives and limitations. Regarding the methodology used, this study employed bibliographic research, based on the study of legal doctrine, and documentary research through case law. The results highlighted the numerous benefits brought by the law, including attention given to financial education, promotion of responsible credit principles, healthy advertising, fairer conditions for credit contracting, an end to harassment and pressure on consumers, legal protection, support, and transparent and accessible financial education for indebted individuals, aiming to promote a fairer and more accessible market. However, despite the benefits brought by the law, the regulation of the minimum subsistence level, through Decree No. 11,150/2022, resulted in setbacks and limitations of rights and guarantees. Additionally, the importance of adopting effective legal guidelines for the prevention, reduction, and treatment of overindebtedness was observed, as it is a social and economic problem that affects not only individuals but also society as a whole.