Over-indebtedness

analysis about elderly consumer hypervulnerability

Abstract

The present article has for purpose the analysis of over-indebtedness of elderly consumers through their hypervulnerability in the consumption relations, that is nothing but an aggravated vulnerability due to limitations brought by the elder ages, by the low instruction level and by the social and biological differences of each society. The relevance of the chosen theme is based on the increase in the population of elderly people and, consequently, in the necessity of amplifying the rights and protection for them. Thus, it becomes extremely relevant to evince the problem of over-indebtedness faced by the elder consumers, since in the current society many products and services providers act with bad faith using abuse and misleading advertisements, with dissimulated proposals that have extremely high values, end up fooling the elder consumers. It uses various doctrinal concepts regarding the consumer, the elder and the over-indebtedness phenomenon. Therefore, the study elapsed mainly of bibliographic research, doctrinaire research and articles, through qualitative research, according to deductive method. In principle, it demonstrates the concept of consumer from a legislative and doctrinaire perspective, highlighting the base principle of the consumers’ law, the vulnerability. After that, an approach is made around the concept and the protection of the elder in the consumption relation through the consumers’ defense code and through the elder statute, and ahead, the concept of over-indebtedness, the hypervulnerability and the causes of this phenomenon. Stands out, as a possible conclusion, the measures that the State, rights guarantor, has adopted to appease this social problem.