A inadimplência do consumidor no financiamento de veículos

Abstract

Financing agreements often integrate the dynamics of transactions in the financial and capital markets, being the product of credit policies developed by financial institutions that greatly influence the Brazilian socio-economic scenario. In fact, the usual consumer rarely has sufficient resources to acquire basic goods by means of essential transportation by himself, so they must resort to credit agreements. In this light, the high default rate presents itself as a worrying dilemma, as long as it gives rise to the financial frustration of these contracts, a question that affects not only the financing agreement itself but the entire economic chain involved. In view of this, I set out to study the phenomenon of consumer defaults in vehicle financing contracts, as well as the factors that influence its attainment, the jurisprudential and doctrinal perspective on the subject and the possible out-of-court solutions able to eliminate defaults. With this aim in mind, work is divided into conceptualization, evaluation of the factors of default, legal protection on the matter and possible extrajudicial solutions. Initially, it proceeded to approach the conceptual aspects and characterization of the matter, introducing the main aspects related to vehicle financing, its modalities and the application of the Consumer Protection Code to the bank contracts. Next, it presents the factors that contribute to consumer defaults, taking as a starting point the performance of the subjects in the financing agreement. It is not possible to refrain from knowing about government interference, in its Executive, Legislative and Judiciary spheres, highlighting the role of some of the administrative entities that deal directly with the matter, namely PROCON and the credit protection agencies. The judicial protection of defaults in vehicle financing was included in the subsequent topic, in order to assess the possible judicial settlement of conflicts in the face of the decisions prevailing in the jurisprudence when dealing with actions arising from the problematic. Finally, the present work exposes some of the possible out-of-court solutions capable of eliminating or preventing delinquency. The methodology adopted made use of research based on statistical data in interdisciplinarity with the areas of Economy and Administration, besides undertaking a rich study dedicated to the understandings of the courts and the doctrine.