OVERINDEBT AND ITS RELATIONSHIP WITH THE PRINCIPLE OF HUMAN DIGNITY AND THE EXISTENTIAL MINIMUM

Abstract

This text aims to deal with over-indebtedness and the right to the existential minimum, as well as its relationship with the principle of human dignity in the Brazilian legal system. The lack of control in consumer relations can cause over-indebtedness, which is extremely harmful to the health of the consumer in all aspects, bringing several consequences to the well-being of society in general, and causing in a short period of time, the exclusion of the person from the collective environment, directly hurting the principle of human dignity. The consumer society is increasingly fierce and attentive to the constant exposure of advertisements, advertisements, digital influences and a culture that promotes excessive consumption and also access to credit easily, which allows consumers to compromise their income in a way that harms the existential minimum for their survival. Thus, the Consumer Protection Code brought, through Law No. 14,181/2021, the legal treatment for over-indebtedness, providing for its prevention and the treatment of the human person in the figure of consumer. Thus, the objective of this work is to address the causes and effects of consumer over-indebtedness that compromises their existential minimum and its relationship with the principle of human dignity and the applicability of the relevant legislation. The research method used is bibliographic, carried out through a qualitative approach, aiming to investigate and understand the complexity of over-indebtedness and its implications for the current consumer society.