O superendividamento do consumidor na sociedade de consumo: uma análise dos julgados do Tribunal de Justiça do Rio Grande do Sul

Abstract

The habit of consumption is in the nature of modern society. Over the years, consumption has mutated until it reached its current point, where it is influenced by a complex economic system, which presents dangers to the consumer subject. One of these is over-indebtedness – the impossibility of paying current or future debts. It is a recent phenomenon that lacks legislation that addresses and prevents the problem. Faced with this, studies, bills and the jurisdictional response are important as they seek ways to circumvent and evolve over-indebtedness. In this context, it is asked: what is the position of the Court of Justice of Rio Grande do Sul in this matter? To answer this question, we used the method of deductive approach, the method of monographic procedure and the technique of bibliographic research. The present work sought to address the changes in the way of consumption, in the supply of credit and its consequences for indebtedness, in order to understand the faces of the origin of large indebtedness. Afterwards, a Bill and an Experimental Project of the Court of Justice of Rio Grande do Sul were analyzed in order to observe two practical actions to construct solutions to the problem. Finally, the decisions of the last five years of the aforementioned court were analyzed, so that the way of the court to understand the phenomenon was observed. The Court in its decisions recognizes the situation of the super-indebted, but there are divergences due to the lack of specific legislation, which is urgent and necessary.