A TUTELA JURISDICIONAL NO PROCESSO POR SUPERENDIVIDAMENTO NOS TRIBUNAIS SUPERIORES E NO ESTADO DE MATO GROSSO DO SUL APÓS A EDIÇÃO DA LEI N. 14.181/2021

Abstract

The prevalence of mass consumerism and increased access to credit over the years has contributed to a rise in the number of over-indebted consumers, a trend that has been particularly exacerbated since the onset of the COVID-19 pandemic. While this issue has been under discussion for an extended period, it was not until 2021 that Law n. 14.181 was enacted, necessitating a comprehensive evaluation of the tangible consequences of this legislation two years into its implementation. This article, therefore, endeavors to provide a concise analysis of how the Supremo Tribunal Federal (STF), the Superior Tribunal de Justiça (STJ), and the Tribunal de Justiça de Mato Grosso do Sul (TJMS) have addressed matters of over-indebtedness since the commencement of Law n. 14,181/2021, during the initial two years of its enforcement. This analysis is aimed at assessing the efficacy of legal safeguards. The importance of this investigation is underscored by the economic aftermath of the COVID-19 pandemic, during which the financial hardships faced by Brazilian families have intensified, with the family's financial condition exerting a pervasive influence on all facets of societal existence, and therefore pivotal to safeguarding the essential elements of human dignity. This study employed an empirical research method, with an applied character, adopting a qualitative and exploratory approach, and relying on documentary and bibliographical sources. The findings yielded a total of 121 substantiated judicial decisions, which were subsequently categorized into seven distinct groups as indicated.