Bambirra, Felipe Magalhães2024-04-242024-04-242023RODRIGUES, Thallita Muriel Cardoso. Superendividamento: a garantia do mínimo existencialapós a edição da lei n. 14.181/2021. Goiânia (GO), 2023. 123 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2023http://repositorio.unialfa.com.br/handle/123456789/384This study, included in the line of research “Economic development and constitutional principles of the economic order”, aims at comprehending, from the legal framework of constitutional economic law and the principles and rules that regulated the legal supervisory of over-indebtness, the treatment that must be addressed to the concept of the right to basic conditions of life, considering it is essential to guarantee dignified existence, according to what is determined by social law, analyzing the application of this norm to consumer defense. It was observed the consumer society and the general aspects of over-indebtness. In regards to the problem approached in the research, it is questioned how to guarantee the basic conditions of life to consumers that resort to credit in situations of financial needs. It is analyzed which variables must be considered in quantifying the right to basic conditions of life and how to guarantee the application of the Consumer Defense Code given the existence of a regulatory policy that established negligible value, insufficient for consumers to have a dignified life. This research is justified by the increasing levels of indebtness in the Brazilian population, a situation that reduces the capacity of regaining consuming potential for families whose income is highly compromised and with access to the financial system compromised by financial default, which promotes social exclusion. This study uses the deductive scientific method, as it suggests to identify the challenges to guarantee the basic conditions of life after the law n. 14.181/21 was published, in order to meet the principles of the economic order, as well as analyze a possible regulatory model that does not violate fundamental legal precepts. Afterwards, it is concluded that this matter is socially-based and related to principles and does not make it possible to measure and give identity and equality to every individual, but only analyze the concrete case and the reality considered and largely demonstrated, thus being an open conceptualization.ptSuperendividamentoCódigo de defesa do consumidorLei 14.181/2021Superendividamento: a garantia do mínimo existencialapós a edição da lei n. 14.181/2021