A hipervulnerabilidade do consumidor idoso na sociedade do crédito fácil

Abstract

This study aims to analyze the impact of over-indebtedness of the elderly on consumer society, and to identify the social and economic consequences from this perspective. The democratization of credit has made it essential in today's society, but its supply needs regulation in order to prevent the crescent cases of over indebtedness among consumers, especially the hyper-vulnerable consumers - in the present study, in the figure of the elderly, which has been increasingly frequent. The over-indebtedness of older consumers deserves special attention in view of the prediction of a reversal of the demographic pyramid in some years. Therefore, if not treated right away, in a short time the chronic indebtedness in the elderly may represent one of the major social problems in the country. In this context, the legal possibilities of treatment of the problem are presented by the correct application of the theory of dialogue of sources, with provision in the ADCT, as well as through the PL No. 3.515/2015, which although not yet approved, brings a series of measures for prevention and treatment of over-indebtedness, including aimed at the elderly, among which some already used in the Judiciary, such as conciliation with creditors, with the preparation of payment plans.