Entre sobrevivência e dívidas: interseções entre a lei do superendividamento e a preservação do mínimo existencial

Abstract

This dissertation is based on the discussion regarding the existential minimum, as well as how the granting of credits offered to consumers has generated repercussions on the legal and scientific community, given that Law 14,871/2021 defines as over-indebtedness the situation in which the consumer in good faith assumes his inability to pay all the debts he contracted without compromising his minimum for its survival, having as its object of questioning the following problematic: Decree no. 11,150/2022 allows the implementation of the existential minimum, which recommends the consumer's monthly income equivalent to twenty-five percent of the minimum wage? Therefore, the topic has divergences regarding its content. and applicability. The first starting point will be the analysis of concepts relating to dignity of the human person in the Brazilian constitutional order, the existential minimum of the over-indebted consumers, seeking to critically analyze the regulation of over-indebtedness and the possibility of its treatment, through combat policies and education mechanisms, so that the consumer can restructure themselves financially. Taking as a theoretical framework the essence of the Over-Indebtedness Law, allowing a free interpretation of the theme explored. As for the procedures to develop the research, it will be bibliographic and documentary. In view of these aspects, given the imbalance of consumer relations, there must be a review of Decree Law No. 11,150/2022, The Behavioral Economics Theory also stood out, which proves to be a mechanism to resolve factual situations of human behavior itself, thus, while there are multiple poorly prepared norms, this Theory comes to bring the difference that the legal system lacks, which allows us to conclude that in the social context there are consumer protection practices so that rights can be enforced social benefits provided for in the constitutional framework, through new social media platforms resolving conflicts that occur physically and also virtually.