A função socioeconômica do contrato de concessão de crédito e a tutela preventiva do superendividamento

Abstract

The present study shows the theme of credit agreement under the preventive tutelage of the overindebted consumers, on the basis that the fundamental rights of this consumer must be ensured. Thus, this work analyzes the social function and impact, economical and legal that those credit relations shows, observing the consumer vulnerability and the cooperation duties of the credit provider. Based on the objective good faith and contract’s social function principles, and also on the complexity of the obligation-oriented relationships, it is purposed the adoption of preventive mechanisms for overin-debtedness in favor of the contractors in case of credit operations.