LEGAL VALIDATION OF THE ASSIGNED CREDIT CARD:
A CRITICAL ANALYSIS BASED ON CONSTITUTIONAL PRINCIPLES AND CONSUMER LAW GUIDELINES
DOI:
https://doi.org/10.17058/rdunisc.vi72.19125Abstract
This study aims to evaluate the legitimacy of the payroll credit card, introduced by Law no. 13,172/2015, in light of the constitutional principles of the economic order and the precepts articulated in the Consumer Protection Code pertinent to the topic. The relevance of this investigation lies in the growing wave of legal disputes raised before the Judiciary, combined with the silence of the Superior Courts on this issue, particularly the Federal Supreme Court. This study, in addition to evaluating the legitimacy of the payroll credit card from a legal and constitutional perspective, also analyzes the social and economic implications of this type of credit, delving deeper into the dynamics of consumer society and the transformation of debt patterns, highlighting how payroll credit cards can contribute to the worsening of over-indebtedness, especially among the most vulnerable groups, despite their convenience. Employing a deductive approach, with bibliographic and documentary research techniques, the study concludes that the aforementioned credit instrument is illegitimate, specifically in the withdrawal modality. It is argued that this should be declared unconstitutional or undergo legislative change with a view to its repeal, as it clearly violates the principles of the economic order and several provisions of the legal apparatus aimed at consumer protection, highlighting the phenomenon of over-indebtedness.