THE HYPERVULNERABILITY OF THE ELDERLY IN THE FACE OF ABUSIVE DISCOUNTS FROM THE CONSIGNED MARGIN RESERVATION CARD

Abstract

This study investigates the financial hypervulnerability of the elderly in the context of payroll loan contracts, with emphasis on the use of the payroll margin reserve card. The problem of the research lies in the frequent financial exploitation of the elderly through abusive practices, compromising their economic autonomy. The main objective is to analyze how the jurisprudence has interpreted and applied the protective norms for the elderly in these situations. We use a qualitative and documentary approach, based on the analysis of judicial precedents and the relevant legislation. The results indicate that, despite the existence of legal mechanisms, many older adults remain vulnerable to the abusive practices of financial institutions, due to difficulties in accessing justice and lack of financial education. We conclude that the hypervulnerability of the elderly requires a more effective action by the Judiciary and regulatory bodies to ensure greater protection and awareness of the rights of this group. In addition, we propose the adoption of preventive and educational measures to reduce the impacts of abusive practices on the indebtedness of the elderly.