A hipervulnerabilidade do idoso no superendividamento : as intersecções jurídicas entre o público e o privado a determinar políticas públicas sob o viés da solidariedade na fase pré-contratual.

Abstract

The object of this thesis is the consolidation of actions for public policies, based on the theoretical framework of the principle of solidarity, within the process of legal intersections between the Public and the Private, aimed at preventing over indebtedness of the elderly who, in the context of payroll credit agreements, are consumers of aggravated vulnerability. The relevance of the theme is revealed in view of the mercantilist practices perpetrated by financial institutions that, by violating the right of the elderly to be informed with loyalty, transparency and responsibility, have excessively stimulated consumption and granted credit irresponsibly, potentiating the risk of over-indebtedness. The general objective of the investigation is to identify and rule, in view of the hypervulnerability of the elderly, the duties of conduct of the contracting parties, to be determined by legislative public policy, by concrete and articulated means in the private sphere, under the instrumentalization of the solidarist paradigm of the Federal Constitution of 88 the effect of legal intersections between the public and the private. The protection of the rights of the elderly must be promoted from the pre-contractual phase through qualified information to guarantee their freedom and autonomy, thus realizing the realization of their dignity. Considering the marked vulnerability of the elderly in the face of the great supply of credit, which can generate their over-indebtedness, thus compromising their dignity, the problem that guided the research was: from the legal intersections between the public and the private, what will be the duties of conduct, determined by legislative public policies, aiming at protection, especially of the elderly, in the pre-contractual phase, so that contracts are consistent with the solidarist paradigm of the Federal Constitution, aiming at the prevention of supervision in the context of interprivate relations The research method used is the hypothetical-deductive, and the procedure is monographic. The analysis of the theme permeated the constitutionalization of private law and the personalization of civil law, to then address the specific situation of the elderly in the consumer market. It is concluded that the duties of conduct within the scope of payroll credit agreements, especially for the elderly, have not been guided by good faith, being possible to realize socially relevant values and focused on the common good from the conducts of sympathizers in interprivate relations. From the perspective of contractual cooperation, in which information must be clear, adequate and sufficient, a legislative public policy is built that strengthens the Consumer Protection Code in the context of the prevention and treatment of overindebted people.