Da hipervulnerabilidade da pessoa idosa no contrato de crédito consignado : possibilidades e limites diante do direito brasileiro

Abstract

This course completion work analyzes the hypervulnerability of the elderly consumer in the face of the consumerist market, considering their weaknesses resulting from advanced age and insufficient income to guarantee the existential minimum, affecting their dignity. It sought to apprehend general characteristics about the type of credit, the behavior of financial institutions in relation to the instrument, the way in which they directly interfere with the income of less favored elderly people and the legal paradigms relevant to the problem. Due to their heightened vulnerability, many elderly consumers are victims of fraud, which usually occurs in bank contracts, because with the lack of knowledge and lack of information, they end up being misled. This usually occurs in loan contracts, as banks are prepared for such a service, as it trains its employees to generate consumer conviction, but the attendants do not always inform all contractual issues, whether they are: interest, amount of installments, total amount that the customer will take, whether insurance is included or not, extremely important information that must be checked before signing the contract. In addition, it deals with advertisements aimed at this public, most often disclosed in an abusive and misleading way, taking advantage of the reduced capacity of discernment of the elderly to convince them to contract the service or product, especially when it involves access to credit, democratized in recent decades, bringing both benefits and harm. Searches were carried out in the Brazilian legal system on the subject, such as the increase in the Consignable Margin, dealt with in Law 14.131/2021, as well as the Federal Constitution of 1988, the Consumer Protection Code and the Statute of the Person, to ascertain the main above points of protection of the fundamental rights of the population. In addition, the work shows that the predatory offer of credit in the consumer market has become a practice of financial institutions, using incisive approach practices, going beyond the limits of reasonableness and leading the consumer to be a victim of situations that lead him to financial pitfalls and even over-indebtedness, violating their human dignity. In view of this, an analysis was carried out regarding the obligations and accountability of financial institutions in the face of such a practice. Finally, with the advent of the General Law for the Protection of Personal Data, financial institutions, which must strictly follow each article, as they have access to customer data, not only personal data, but also sensitive personal data, any negligence on the part of the banking houses, can generate the penalties foreseen in the law, as well as fraud, since it is through the weakening of the data that the fraudster has access to the necessary means to carry out the fraud.