O fenômeno do superendividamento por empréstimo consignado para aposentados e pensionista do INSS

• Ano de defesa: 2024
• Autor(a) principal: Evangelista, Lúcio Anderson Moreno
• Orientador(a): Menon, Gustavo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Católica de Brasília
• Programa de Pós-Graduação: Programa Stricto Sensu em Direito
• Departamento: Escola de Humanidades, Negócios e Direito
• País: Brasil
• Palavras-chave em Português: Empréstimo consignado; Pessoa idosa; Superendividamento
• Palavras-chave em Inglês: Payroll loan; Elderly; Over-indebtedness
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://bdtd.ucb.br:8443/jspui/handle/tede/3434

The payroll loan is a credit solution availale to INSS retirees and pensioners, where installments are deducted directly from the benefit. This modality has become a problem due to the indiscriminate use of credit for any purpose, thus harming the financial life of a large part of the Brazilian population, giving rise to the phenomenon of over-indebtedness. As a result of a government system favorable to the practice of payroll loans, the population most affected by this type of loan is the elderly, with state intervention being important through public policies to protect and guarantee social and fundamental rights, especially in relation to safeguarding the minimum existential. Therefore, the debate in this study focuses on the need to carry out socio-historical and legal approaches to understand the process of over-indebtedness in the lives of elderly people, where the majority are individuals assisted by the government who receive up to a minimum wage, which they become more easily vulnerable and hypervulnerable when in a situation of risk and property and financial violence, largely because they are illiterate people and because they need greater family and state support in the fields of health and economics. Effective public policies, therefore, become essential to ensure fundamental rights and protect the elderly, safeguarding their vulnerable condition as a consumer of payroll loans, to ensure that the existential minimum is not violated, making it essentially necessary to create specific and positive laws. Some of these public policies involve the Elderly Persons Statute (Law No. 10,741/03), the Over-Indebtedness Law (Law No. 14,181/21) and Law No. 14,690/23, through the current “Desenrola Brasil” program, considered effective for the beneficiary public with greater social and economic vulnerability, in this case those registered in CadÚnico and who depend on the government's social benefits, who start paying lower interest rates to the banks financing the loans granted and guaranteed the existential minimum. In this sense, the general and specific laws in the treatment of the phenomenon of over-indebtedness aim to protect the most vulnerable citizen, in addition to guaranteeing the existential minimum and preserving economic growth, ensuring that debt renegotiation agreements are the most promising for the parties conflict arising from the consumer relationship.