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Título: THE DEGRADATION OF THE CONSTITUTIONAL CONCEPT OF THE MINIMUM LIVING STANDARD FOR OVER-INDEBTED CONSUMERS: THE URGENCY OF RESTORING CONSTITUTIONAL PRINCIPLE
Autor: LUCAS RAFAEL MARTINS
Colaborador(es): GISELE GUIMARAES CITTADINO - Orientador
Catalogação: 22/MAI/2025 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70541&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70541&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.70541
Resumo:
This dissertation examines the constitutional implications of financializing the minimum living standard in Brazilian consumer protection law, with particular focus on its implementation through Law n. 14.181/2021 in the context of consumer over-indebtedness prevention and remediation. The research analyzes how this financialization conflicts with fundamental constitutional principles and demonstrates its inadequacy as a regulatory framework for protecting vulnerable consumers. Consumer over-indebtedness represents a complex socio-legal phenomenon with profound implications for economic citizenship, significantly impacting the dignity of thousands of consumers by compromising their basic subsistence and excluding them from meaningful market participation. The Brazilian legislative response materialized through Law n. 14.181/2021, subsequently regulated by Decrees n. 11.150/2022 and n. 11.567/2023, established strictly financial parameters for defining the minimum living standard. However, this purely monetary approach, which disregards constitutional guarantees and the multidimensional nature of human dignity protection, proves fundamentally inadequate for addressing the systemic nature of consumer over indebtedness. The research methodology encompasses a systematic review of constitutional law, consumer protection legislation, and socioeconomic studies, complemented by comparative analysis of over-indebtedness protection frameworks in France and the United States. This multidisciplinary approach integrates perspectives from consumer law, constitutional theory, and social justice scholarships to evaluate the effectiveness of current regulatory mechanisms. The empirical findings demonstrate that while the Brazilian consumer over indebtedness protection model has achieved significant normative advancement, its effectiveness is substantially compromised by the inadequate valuation of the minimum living standard. The Executive Branch s financially reductive definition fails to ensure consumers dignified subsistence, thereby impeding their market reintegration and perpetuating cycles of social exclusion. Moreover, the research identifies emerging risk factors exacerbating financial vulnerability, particularly the proliferation of sports betting platforms and digital gambling services, which necessitate enhanced regulatory attention. This dissertation argues that the financialization of the minimum living standard constitutes an unconstitutional restriction of fundamental rights and proposes the adoption of the constitutional minimum wage as a more appropriate parameter, aligned with the broader framework of social rights protection. The study concludes by advocating for a comprehensive over-indebtedness mitigation model that effectively guarantees consumer dignity through public policies consonant with constitutional principles and the preservation of human dignity in the consumer society context. The research contribution lies in its systematic critique of the current regulatory framework and its proposal for constitutional realignment of consumer protection mechanisms, offering both theoretical insights and practical recommendations for policy reform in consumer over-indebtedness prevention and remediation.
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