Navegando por Autor "Jesus, Yuri Queiroz de"

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A vulnerabilidade dos idosos na relação consumerista: cobranças indevidas por bancos.
(Universidade do Estado do Amazonas, 2023-03-13) Jesus, Yuri Queiroz de; Choy, Marco Aurélio de Lima
Our Magna Carta in the title of fundamental rights and guarantees, in its art. 5th, item XXXII, enshrines consumer protection, by the state, as a fundamental right. As well as, in §1 of art. 230, of the 1988 Federal Constitution, enshrines the support of elderly people by family, society and the state. And to highlight the importance of the topic, the state, through legislation: The Statute of the Elderly, Law 10,741, the Code of Civil Procedure of 2015, Law 13,105, and the Consumer Protection Code, Law 8,078, regulate consumer rights and the elderly person. These legal standards aim to guarantee the protection of fundamental rights and guarantees for elderly people in their social, work and consumer relationships. There is no gap in legal standards on the subject, however, observing the legal standard is harmless in public and private relations. Therefore, it is up to the state, in the legal and legal aspect, to prevent illicit acts to the detriment of the elderly person by established legal standards. Promoting instruments and means for people to enjoy life with dignity in society, through relationships with their peers, effectively participating in legal transactions safely. The 2019 survey by IBGE (Brazilian Institute of Geography and Statistics) reports that the increase in elderly people from 2012 to 2019 was 29.5%, also giving the estimate that in 2060 we will have more elderly people than young people. Therefore, with the aging of the Brazilian population, society and the state demand greater vigor to protect the fundamental rights and guarantees of the elderly and the development of public policies.