SARAIVA, L. L. S.; SARAIVA, Lucas Levi Soares.
Abstract:
The present academic work is dedicated to making a satisfactory analysis of the system to combat over-indebtedness adopted in Brazil, in parallel with the models adopted by the United States and France, aiming to identify points that can be advanced in Law nº 14.181/2021. Therefore, the legislative, doctrinal and jurisprudential aspects were presented, as well as highlights about the historical construction of the mentioned systems. In view of this, this research has an exploratory character and used bibliographical and documental analysis, through the use of functionalist, exegetical-legal, historical-evolutionary, inductive and comparative methods. In the end, after evaluating separately the main aspects of each legislation, it is concluded that the Brazilian legal device has great similarity with the French one and that it is perhaps too early for notes to be made with regard to foci of reformulation of the Brazilian Overindebtedness Law, as it is brand new legal text, not being offered the opportunity to stand the test of time. With this in mind, it is suggested that in the future, when the impacts brought by the law in question can be more clearly appreciated, new studies be carried out so that it is possible to consider the feasibility of changes in certain sections of the legal diploma, perhaps of its very nature.
