Sisiphus’ dilemma and the law of over-indebtedness
paradoxes of low-income consumer protection
DOI:
https://doi.org/10.12662/2447-6641oj.v23i44.p166-189.2025Keywords:
fundamental rights, existential minimum, over-indebtedness, poverty, judiciaryAbstract
Context: The existential minimum constitutes an essential component of the core of social fundamental rights, which impose obligations on the State to ensure the minimum socio-economic effectiveness of benefits related to the protection of consumers in situations of over-indebtedness.
Objective: This article aimed to discuss the paradoxes of Law No. 14,181/2021, known as the “Over-Indebtedness Law”, with an emphasis on the concept of the existential minimum, in light of the constitutional framework guaranteeing social fundamental rights.
Method: The hypothetical-deductive method was used, based on qualitative bibliographical research of an applied nature.
Results: The study found the need to adopt a broader conception of the existential minimum, as well as to recognize the legitimacy of judicial intervention whenever the regulated amount proves incompatible with the constitutional principle of human dignity.
Conclusions: The concept of the existential minimum, as a defining criterion of over-indebtedness, is consistent with the precepts of the Federal Constitution. This concept may serve as the basis for judicial action in the face of persistent inequality and poverty within the context of Brazilian consumer society supported by this legislation.
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Copyright (c) 2025 Sérgio Henrique C. C. Fernandes, André Rubião
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