O superendividamento da pessoa idosa: uma análise acerca da hipervulnerabilidade e da violação ao mínimo existencial

Abstract

This work aims to examine the over-indebtedness of the elderly from the perspective of the inherent hypervulnerability of this social group and the maintenance of the existential minimum. In this sense, the general objective of this work is to analyze the impact of over-indebtedness in old age, considering the legislative changes on the subject, especially Law No. 14.181/2021, and the incidence of cases in Ceará. With this in mind, the first step is to understand the definition of the term "over-indebtedness" and the context in which it occurs. Next, the study seeks to establish the causes of over-indebtedness in old age and to understand its economic and social consequences, paying particular attention to the violation of constitutional principles. Additionally, the study aims to examine the prevalence of over-indebtedness among the elderly by analyzing relevant research to infer its causes. Finally, it seeks to identify the jurisprudential stance on this issue, drawing a parallel with the legislative framework, in order to conclude the best solution to the problem of over-indebtedness in old age. The technical procedure involves bibliographic research, along with a qualitative analysis of secondary data. As a result, it was found that over-indebtedness in old age has multifactorial causes and that judicial understanding has not yet been harmonized, both regarding the procedure to be followed and in terms of decisions.