SUPERENDIVIDAMENTO E A CONCESSÃO INDISTINTA DE CRÉDITO: RESPONSABILIDADE POR DANOS MORAIS AO CONSUMIDOR

Abstract

The consumerist culture strongly present in our society, which is potentiated by improper advertising, imposes the discussion of the role of financial institutions in the disordered concession of credit, arising the question to be answered in this article: in the hypothesis of indistinct concession of bank credit, is it possible to hold the financial institution liable for moral damages due to the consumer's over-indebtedness? The exposition begins by conceptualizing over-indebtedness as the manifest impossibility of the consumer to satisfy all of his consumer debts, without compromising his basic needs. It goes on to highlight that preventing over-indebtedness is inserted in the guarantee of the existential minimum, indispensable for a dignified and respectable existence, being a form of accomplishment of the fundamental social right, especially in the socio-economic reality in which we live, in which the State fails to meet basic needs. The approach method primarily adopted was the deductive one and, as to the procedure, the bibliographical and documental research was employed, highlighting judicial decisions on the theme. In response to the proposed question, the conclusion was that the financial institution is liable for moral damage due to consumer over-indebtedness, simply because the bank loans granted substantially consume the consumer's budget, a situation that clearly fits the definition of a consumer accident, resulting from the provision of a defective service that causes insecurity.