The hypervulnerability of the elderly consumer and overindebtedness as a consequential factor

Abstract

This article seeks to highlight the reality of the elderly consumer in the context of the consumer relationship facing the anomaly of over-indebtedness. Therefore, it is necessary to ask, is there legal protection for elderly consumers against over-indebtedness? Analyzing the historical context, specifically, the industrial revolution and the growth of the consumer market, it can be said that these factors contributed to the development of uncontrolled consumption and credit facilitation, adding to the lack of specific legislation to protect consumers from over-indebtedness. However, the answer remains uncertain, as the Brazilian legal safeguard is embryonic, making it difficult to reach primary conclusions about the changes brought about by Law n. 14.181/2021, which amends the Consumer Defense Code, creating a chapter to specifically address the protection of over-indebtedness. The aim of this article is to verify the hypervulnerability of elderly consumers in consumer relations and the singularities present in consumer relations in which the elderly figure as a consumer, in order to demonstrate the need for specific protection regarding over-indebtedness and clarify the changes that the Law no. 14.181/2021 brought to the Brazilian legal system. The methodology used in the research is bibliographical, exploratory and qualitative. It can be concluded from the research that the regulation of over-indebtedness lately had serious consequences for the elderly, such as personal loans at exorbitant interest, in addition to the social problem involved in bad debt payers, what remains is to wait for the reflection of Law n. 14.181/2021