Relações de consumo e abuso nos contratos de crédito consignado aos idosos enquanto sujeitos hipervulneráveis: uma análise dos processos apreciados pelas Turmas Recursais do Tribunal de Justiça do Rio Grande do Sul nos anos de 2017 e 2018

Abstract

The backbone that justifies the consumer relations have their own regulation, and are no longer entirely ruled by the Civil Code, is the vulnerability of the consumer in relation to the supplier. In elderly consumers, who are already vulnerable because of their age, the vulnerability therefore falls twice, which is why they are called hypervulnerable. Otherwise, for reasons that will be analyzed in this dissertation, the elderly are the largest payroll loans borrowers –contracts with a lot of abusivities, which affect the fulfillment of fundamental rights and is the cause of over-indebted of the population. So, from a theoretical and empirical investigation, it was sought to verify whether elderly consumers contracting payroll loans –represented by the litigants of lawsuitsjudged by the Appeals Court of the State of Rio Grande do Sul in 2017 and 2018 –, experience a situation of abuse by the providers of this type of service. The specific objectives of the research were fulfilled in three major chapters: the first discussed fundamental rights and the principle of protection of the elderly in consumer relations in postmodern society; the second analyzed the payroll loans contracts to the elderly, showing some recurrent abusivities; and the third analyzed the data collected from the lawsuits analyzed from a quantitative and qualitative point of view, presenting the profile of the elderly who took payroll loans and identifying the possible abuse reported to the Special Civil Courts of cities of Rio Grande do Sul and, through appeals, were judged by Appeals Court of the State of Rio Grande do Sul, in order to analyze if there is a violation of fundamental rights in these contracts.