Desafios na implementação dos planos de repactuação previstos pela Lei do Combate ao Superendividamento e a proteção do consumidor vulnerável

Abstract

Over-indebtedness has become a major socio-economic issue, especially in developing countries, where excessive credit availability and the stimulation of unchecked consumption are predominant factors. The combination of these market characteristics, coupled with a lack of financial education, leads countless consumers into unsustainable debt situations. In response to this growing problem, Law No. 14.181, of July 1, 2021, known as the Over-Indebtedness Law, was enacted. The legislation introduced guidelines aimed at updating the Consumer Defense Code and related regulations to protect vulnerable consumers and combat over-indebtedness. This research aims to analyze the challenges faced in the practical implementation of this law, particularly in legal practice, affecting both creditors and consumers. One of the main challenges involves the application of judicial and consensual debt repayment plans, emphasizing the need to adhere to the maximum five-year period for debt repayment and the protection of consumers' minimum subsistence. The research adopts an inductive methodology, based on the analysis of legal doctrines, case law, legislation, and academic literature. By exploring practical examples, the study seeks to identify the gaps and obstacles in the law’s application in the daily practices of lawyers, who often struggle to formulate suitable proposals for agreements that balance creditors' interests and uphold consumer dignity. These challenges highlight the need to question the effectiveness of the legislation in the current legal context and the pursuit of more viable solutions for the financial rehabilitation of over-indebted consumers.