A proteção jurídica dos consumidores hipervulneráveis no Brasil no que se refere à publicidade e ao superendividamento

Abstract

The consumer is considered by the Law as the vulnerable in the relationship of consumption, however, there are consumers who are already perceived by jurisprudence and doctrine as hypervulnerable, that is, even more fragile individuals. Among them are the children and the elderly, subjects of young age and of advanced age who present psychological state different from the average man. Misleading advertising and over-indebtedness can reach the consumer in a highly harmful way, leading to financial and psychological harm, and the supplier, thinking only for his own benefit, is justified by the aggravated vulnerability of these consumers, unconcerned with the consequences. Thus, due to modern hyperconsumption, marketing techniques, greater publicity reach, facilitation in the granting of credit and other practices present in the current consumerist scope, it is perceived the need for manifestation by the Law, in order that the protection to these consumers hypervulnerables is indeed assured. Thus, this work has as objective to deal with the protection existing in the Brazilian legal system on the hypervulnerables with regard to the advertising destined to this public and the super indebtedness, analyzing proposals of optimization to this protection, either through regulation of specific legislation, through the implementation of consumerist and financial education, for example (sic).