Nicoli, Ricardo Luiz2025-09-152025-09-152025MORAIS, Ana Paula da Silva. Hipervulnerabilidade e garantia do mínimo existencial no crédito consignado ao consumidor idoso: uma abordagem a partir dos princípios constitucionais da ordem econômica. Goiânia (GO), 2025. 153 f Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2025.https://repositorio.unialfa.com.br/handle/123456789/638This study examines aspects related to hypervulnerability and the guarantee of the existential minimum within the scope of payroll-deductible loans (consigned credit) to elderly consumers. The central problem investigates to what extent the Brazilian legal system offers effective protection to over-indebted elderly consumers in consigned credit operations. The general objective is to analyze the effectiveness of legal protection for elderly consumers against overindebtedness in consigned credit operations from the perspective of hypervulnerability and the existential minimum, unfolding into the following specific objectives: analysis of the evolution of credit in the country, examination of abusive practices in consigned credit to elderly consumers, and evaluation of the Judiciary's performance in these concrete cases. The hypothetico-deductive method, bibliographic review, theoretical references, pertinent legislation, academic productions related to the topic, journal articles, and jurisprudential research were used. The research is divided into three chapters: the first deals with the history of credit expansion in Brazil, details abusive practices in consigned credit contracting, and the excessive indebtedness of elderly consigned credit borrowers. The second chapter addresses the legal protection of elderly credit consumers, covering aspects related to the recognition of hypervulnerability, guiding principles of the Over-indebtedness Law, and Presidential Decrees n. 11.150/2022 and 11.567/2023. In the third chapter, the dissertation discusses the recognition of hypervulnerability and the right to the existential minimum in the Judiciary's performance, the importance of public policies and other actions aimed at financial literacy, and the role of the supplier in granting responsible credit to prevent over-indebtedness among elderly consigned credit borrowers in the country. The results demonstrate that the Judiciary's performance in these concrete cases requires a systematic interpretation that considers the hypervulnerability of this group, seeking the materialization of the substantive existential minimum, confirming the hypothesis that, although Law n. 14.181/2021 is a normative landmark for the protection of elderly consumers in situations of over-indebtedness, the existence of gaps and failures by the Executive Branch in regulating the existential minimum hinder the materialization of judicial protection against over-indebtedness and the guarantee of the existential minimum in consigned credit to elderly consumers. It is concluded that elderly individuals are hypervulnerable in consigned credit, which justifies special judicial protection; there are gaps between the legal provision and the materialization of the existential minimum for elderly consigned credit consumers that undermine the protective content of the law and disregard socioeconomic reality or individualized basic expenses; financial literacy and responsible lending are pathways to preventing over-indebtedness and maintaining the economic health of the elderly.ptConstituição econômicaMínimo existencialSuperendividamentoDefesa do consumidor