O superendividamento ativo no Brasil e a proteção do consumidor

Abstract

This dissertation has as context the Brazilian consumer society and the consumer protection. It is intended to examine the institution of overindebtedness highlighting the active overindebtedness, concerning that it is a new concept that results from the easiness of credit access. For this analysis, the research adopts the monographic method, the deductive reasoning approach and technical literature. The work is developed after the introduction into seven chapters, in which are studied the consumer society, consumers and their protection with the analysis of the main principles relations, among others. Following are covered the topics of the credit and credit contract, bringing the main contracts that generate excessive indebtedness. After are studied the informants principles of the overindebtedness and the institution itself as well as the example of treatment used in France and in the United States. Finally proposals are analyzed for the prevention and treatment in Brazil, comprising the draft bill for treatment of overindebtedness, the proposed amendments to the Consumer Protection Code, as well as the treatment centers that had been implanted in Rio Grande do Sul, São Paulo and Rio de Janeiro. The conclusion brings the importance of the discussion regarding the topic in Brazil, as well as the approach and the consumer protection in the draft amendment to the Consumer Protection Code, and highlight the work developed by Procons, Courts of Justice and Public Defender of Brazil