O direito do idoso e o mútuo bancário : aplicação do código de defesa do consumidor e do estatuto do idoso

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

An aged is a person of rights and duties, since his capacity of practising acts in the civilian life is not possible to be extinguished by age. The stubbornness of offering loans to the aged, in Brazil, produces a growing debt to those who belong to these population segment. Abusive contracts are signed daily in these financial brazilian scenery, in a free way, without an official following from brazilian authorities, and so, unable to erradicate the bad practices. The analysis of this theme passes by a qualifyng method directed mainly to a bibliographic and descriptive research. Otherwise, to have in mind this purpose, the author used an interpretative and analytical method in order to understand not only specific readings for consultation, but also a proper searching in now-a-days computer global network. After II World War the paradigms of human dignity has been changing and influencing the Letter of the Rights of the Man, the insertion of fundamental rights in Brazils Constitution of 1988, the establishment of a National Program of Human Rights for the brazilian Government and the promulgation of the Statute of the Aged, all together, giving an opportunity to understand the aged as a hypervulnerable consumer in the market of consumption. The present work, so, boards the situation of the old one in Brazil, with distinction for a constitutional interpretation of the Statute of the Aged and the Code of Defense of the Consumer, aiming to defend, especially, a worthier life to the population of this segment in Brazil. In conclusion, the author believes that the special scenery concerning vulnerability of the aged as well as the arrangement of their rights to be implemented require a social confuguration to be reached as a whole.

ASSUNTO(S)

cÓdigo de defesa do consumidor - dissertaÇÕes direito constitucional direitos humanos - dissertaÇÕes

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