Endividamento de consumidores no Brasil: a construção social da normatização

Abstract

This thesis presents a qualitative study on the phenomenon of indebtedness of consumers, generally understood as the global impossibility of the individual who contracted obligations in good faith, to pay their consumer debt. The research starts off with a multidisciplinary perspective, emphasizing the aspects covered by the science of law, and it is developed in a descriptive way around a central focus, namely, the analysis of the need for legislative treatment of this phenomenon noticed in brazilian society. The main goal is, through research, to offer elements that may characterize the indebtedness of consumers in Brazil and contextualize this phenomenon in light of legislation that is currently used for prevention and treatment. for such purpose, consumer debt is valued in its interface with credit, human needs and the freedom of choice, such approach is relevant to theories of the phenomenon of development and its verification through statistical returns provided by official entities and through jurisprudential analysis. Having made a brief comparison between the protection given to the debt by brazilian law, in light of other jurisdictions, focusing on french land, finally, we seek to demonstrate the impact of legislation that will prevent and treat the indebtedness of consumers and conjecture the contours of future standards provided for this purpose.