Bank payroll loans contracted from two or more financial institutions: a perspective in light of consumer law as a fundamental right

Abstract

This article aims to shed light on the fact that paycheck-deductible loans by banks and credit providers without an accurate verification of the consumer's financial health is an abusive practice. This type of credit must take up to 30% of the net salary and is divided into installments that are deducted directly from the customer's paycheck, which may compromise his or her family's subsistence, especially in the context of over-indebtedness in which a large part of Brazilians live. This reality is unacceptable under the Constitution of 1988, whose central value is the principle of human dignity, and the Consumer Protection Code, which was the subsystem conceived from the appointing of consumer protection as a fundamental right in art. 5th, XXXII. This is due to the intimate connection between human dignity and consumer dignity, since consumption is an inseparable part of life today and occurs in a naturally unbalanced relationship between suppliers and consumers. Accordingly, financial institutions must verify in detail the conditions of their customers to take payroll loans, otherwise they will be subject to contractual review in the judicial sphere in order to accommodate the loans in more installments as necessary, not exceeding the 30% established by Federal Law No. 10,820/2003. The defense of dignity as a fundamental right of personality far outweighs the right to credit satisfaction by banks and related organizations.