Uma análise crítica do procedimento da ação de repactuação de dívidas criada pela lei nº 14.181, de 1 de julho de 2021, sob a luz do dever de informação plasmado no Código de Defesa do Consumidor

Abstract

The objective of the present work is to analyze the procedure of the action of renegotiation of consumer debts, incorporated into the Consumer Protection Code by Law 14.181, of July 1, 2021, pointing out the legal gap of the procedure, which consists in the absence of a phase of collection of information prior to the conciliation phase. The objectives and stages of the new procedure will be outlined, as well as the hypotheses of appropriateness and inappropriateness of the measure. The issue of the absence of a preliminary information provision phase will be addressed, which should exist for the creditor to provide the over-indebted consumer with information about the debt in a precise and detailed way, before the conciliation phase. It will be addressed how the absence of this phase implies a violation of the principles of the Consumer Defense Code and how this legal gap can be filled by mechanisms already in force in procedural legislation, which are the action of anticipated production of evidence and action for provisional urgent relief of a precautionary nature requested in antecedent nature, as identified in the conclusion. The methodology used for this was the bibliographic research, which consists of the review and comparison of different doctrinal works that deal with the subject, in addition to the analysis of dry legislation and some relevant judicial precedents for the understanding of the problem issue.