SUPERENDIVIDAMENTO PASSIVO DO CONSUMIDOR BRASILEIRO COMO HIPÓTESE DE REVISÃO JUDICIAL DOS CONTRATOS DE CRÉDITO

Abstract

Credit expansion study in the modern economy and the superdebt of the consumer. The indebtedness is a phenomenon inherent in modern life, even more common in today's consumer society, where the citizen acquires status in your community in the proportion of goods it consumes. In the first chapter will discuss the origin of the consumer's right, the regulatory system and the legal relationship, in the second chapter will discuss national policy consumer relations and basic consumer rights. In the third chapter credit source study and superendividamento, which, according to the concepts of vast doutrine is the impossibility of global consumer debtor physical person, Laity and good faith, to pay all his debts today and tomorrow and consumption. Superdebt relate with the study of nature sociological knowledge inevitably, ethics, political, psychological, economic and legal certainty. Thus, in the fourth chapter punctuated the possibility of revision of consumer contracts, where established superendividamento consumer liability. Consider this first review, demonstrate that European distinguishes the doutrine superdebt liability, i.e., if the consumer does not actively contributes to the emergence of this crisis liquidity and solvency, of superendividamento active, when the consumer credit and vendettas consumes too above the possibilities of its budget, and that, even under normal conditions, not would cope with debts contracted. Demonstrate that liability in the case of superdebt, the question is not the abuse or maladministration of the family budget, but an accident of life, such as unemployment, wage reduction, divorce, birth, deaths, diseases of children. The superdebt consumer hability, transforms it into a rough consumption. Solutions to the problem of superdebt and among the strategies for fighting, consider revision of the contract, based on article 6, V of the CDC, in conjunction with Judicial recovery law. The possibility of revision based on these changes will bring a paradigm shift in our courts.