ANÁLISE DA VULNERABILIDADE DO CONSUMIDOR NO CONTRATO DE ADESÃO DE EMPRÉSTIMO CONSIGNADO COM O SEGURADO DO INSS

Abstract

This paper analyzes consumer vulnerability in the consigned loan adhesion contract with INSS insured people, highlighting how this contractual modality, despite facilitating negotiations, can harm consumers due to the insertion of abusive clauses that increase the advantage of financial institutions. The general objective of the study is to investigate this vulnerability, addressing the structure of the contract and its impact on pensioners, as well as examining the adhesion contract in consumer law, presenting the types of consigned credit, discussing abusive practices and analyzing the treatment of the issue in case law. To this end, the research is organized into three parts: the first presents adhesion contracts, their concept, historical origin and characteristics, as well as discussing abusive clauses and control mechanisms to avoid imbalances; the second examines the fundamental principles governing contracts, such as freedom to contract, the binding force of contracts (pacta sunt servanda), objective good faith and the social function of the contract, which are essential to understanding the need for consumer protection; and the third part deals with the review of the adhesion contract in the Consumer Protection Code, highlighting the legal provisions that guarantee consumer protection and the mechanisms that allow contractual review in cases of abuse. Using an inductive and qualitative approach, with a bibliographical review based on doctrine, case law and legislation, the study highlights the need for legal protection for consumers in the face of contractual imbalance, emphasizing the role of the rules in mitigating abuses and guaranteeing a fairer and more balanced contractual environment.