Responsabilidade civil preventiva nos contratos consignados

Abstract

The consigned loan is a real feature mutual contract, bound to compulsory discounts of the INSS of retirees, pensioners or the employee’s payroll.  On the other hand, it generates various contractual obligations. All of the legal proceedings happens through a financial institution, bestowing the juridical business the status of an adhesion contract. The abuses of contract law rights are countless and it results in damages to the personal rights of the victims. Thus, this Article aims to approach the damages to personal rights and its prevention forms, as well as the freedom of contract as a personal right. The consigned loan is a loan agreement with real nature tied to a compulsory discount of the payroll of an employed worker or the INSS subsidy of a retiree, or a pensioner. On the other hand, it generates for then an onus to shoulder various contractual duties in the law of obligations. All the legal procedures occur through financial institutions, which may or may not be a bank, giving then the status of adhesion contract for that type of legal act. The number of contractual right abuses that these institutions do is innumerable. It results in damages to the victims’ personality rights, mainly about the requirement of contract obligations in fraudulent contracts and the insertion of the victims’ name in bad pay registers unfairly and abusively. The neminem laedere principle must necessarily occur in Brazil by elaboration of especial laws to no longer be a gap in law and agree to article 5, incision XXXV, of Brazilian Federal Constitution which talks about the prevention of injury and threat against rights. Thus, the current article aims to approach the damage to personality rights and its prevention forms as well the freedom of making contracts as a personality right. In order for these objectives to be achieved, the bibliographic review method and the deductive-hypothetical and qualitative approach were used to approach the theme.