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- Title
CONSUMER CREDIT AND OVER-INDEBTEDNESS IN BRAZIL: THE RESPONSE OF THE 2021 REFORM OF THE 1990 BRAZILIAN CONSUMER CODE.
- Authors
Marques, Claudia Lima; Bertoncello, Káren Rick Danilevicz
- Abstract
This article examines the reform of the Brazilian Consumer Protection and Defence Code in 2021. The Reform was aimed at enhancing consumer protection in credit markets at a time when the COVID-19 pandemic aggravated the problem of over-indebtedness. It highlights how Brazilian reform was inspired by European legal principles, such as "responsible credit" and measures against consumer harassment to combat over-indebtedness, as well as the French system for managing consumer bankruptcy with emphasis on "rehabilitation" or "fresh start". It focuses on the sections which were added in 2021 to the Consumer Protection and Defence Code, particularly those addressing "Prevention and Treatment of Over-Indebtedness" and "Conciliation in Over-Indebtedness". It highlights the challenges that the implementation of the reform face, emphasising the need for greater transparency in credit information.
- Subjects
BRAZIL; CONSUMER credit; CONSUMERS; CONSUMER protection; PERSONAL bankruptcy; BOND market
- Publication
Journal of International & Comparative Law, 2023, Vol 10, Issue 2, p311
- ISSN
2313-3775
- Publication type
Article