SUPERENDIVIDAMENTO: O REGIME DE RECUPERAÇÃO ECONÔMICO FINANCEIRA PARA PESSOAS FÍSICAS À LUZ DA LEI 14.181/2021

Abstract

This article analyzes the phenomenon of over-indebtedness in Brazil and the importance of Law 14.181/2021, which introduced new measures to protect over-indebted consumers in the Consumer Defense Code (CDC). In this sense, the research aims to evaluate the effectiveness of this legislation in debt renegotiation and in preserving the existential minimum, observing the economic and social context that contributes to excessive debt. In addition, it addresses the lack of financial education in the country as an aggravating factor, comparing the Brazilian regime with international systems, such as those of France and the United States, which have more consolidated public policies aimed at education and debt management. Finally, the concept of hypervulnerability is also discussed, highlighting the need for greater protection for specific groups. The analysis of case law shows the practical application of Law 14.181/2021 and its impact on debt renegotiation, with an emphasis on the main objective of the legislation, which is the protection of the existential minimum. Concluding that, despite being recent, the Over-indebtedness Law represents a significant advance, but requires improvements, especially in the implementation of financial education programs and in the treatment of hyper-vulnerable consumers. Keywords: Over-indebtedness; Consumer Defense Code; Law 14.181/2021; Financial Education; Hyper-vulnerability.