As cláusulas abusivas nos contratos de adesão das instituições financeiras: o enriquecimento sem causa por parte do fornecedor versus o superendividamento do consumidor

Abstract

This monograph seeks to analyze the unfair terms in the contracts of adhesion of financial institutions in relation to the phenomenon of consumer over-indebtedness and the unjust enrichment practices of the service provider. It briefly discusses the characteristics of contractual relations of consumption and the emergence of the need to implement the contracts of adhesion to better fit the social and economic context of the country. It exposes the unjust enrichment of suppliers and their relationship with consumer vulnerability, and can generate the phenomenon of over-indebtedness, since we have a situation of people's dependence on these institutions and interest charges above the national average, among other examples. Finally, it seeks to conceptualize super indebtedness, addressing its causes and consequences in all spheres, besides presenting suitable measures to solve the problem, such as the implementation of extrajudicial projects and a bill that deals specifically with the subject.