O cartão de crédito com reserva de margem consignável: funcionalidades atuantes como vertente facilitadora do superendividamente do consumidor aposentado e/ou pensionista

Abstract

This paper aims to present a practical and normative overview of the context surrounding the celebration of the consigned credit card, exploring its functionalities and how reckless use of the instrument can lead to over indebtedness. In the first chapter, the instrumental mode of adherence is conceptualized, with subsequent identification of its purposes, as well as the principles guiding the celebrations, emphasizing the social function of the contract, human dignity as a fundamental precept in the context of legal agreements, and the indispensable application of good faith in contractual relations. The second chapter outlines the relationship of the consigned credit card with the implications resulting from its implementation by beneficiaries of social security, elucidating the regulations covering consigned credits, which inaugurated the card in the consumer market, the significance of the term consigned margin reserve, exposing the problems of its applicability. The third chapter clarifies the hyper-vulnerability of elderly cardholders, resulting from the aggravation due to aging combined with the inherent vulnerability of their consumer status. It explores how the contracting of the consigned credit card can lead to the over indebtedness of this population segment, considering possible solutions to this scenario through the content provided in the relevant legislation. It is concluded that the lack of adequate information on the card's amortization method, entrusted to the offering entities, contributes to the accumulation of debts, enabling the cardholder's indebtedness, and in more severe cases, over indebtedness. In situations where it is evident that the consumer has been a victim of unfair practices, or if the card agreement has been made through harassment or pressure from the supplier, the outcome will be through the application of judicial sanctions, resulting in the restitution of what was unduly taken from the individual and the payment of indemnities, when applicable. [resumo fornecido pelo autor]