O tratamento jurídico do consumidor superendividado a partir da dignidade da pessoa humana e do mínimo existencial no paradigma de ausência de regulamentação legal

Abstract

This work aims to study consumer´s overindebtedness. The study addresses the concept of overindebtedness, highlighting the need for the presence of good faith on the assumption of debt, and the causes of this phenomenon, with a special look at the irresponsible concession of credit without the verification of the borrower's repayment capacity. It has been made a brief foray into the foreign law to check the different systems in place, as the prevention and treatment of overindebtedness. The effects of overindebtedness were highlighted, since they affect the dignity of the human being, for not protecting the person´s existential minimum, injuring, thus, fundamental rights and excluding the debtor's planry to exercise oh their citizenship and the consumer market. Finally, an examination of the Project of Law 283/2012, has been made, under analysis in the Senate, which aims to regulate such matter in Brazil.