Mediação restaurativa na lei do superendividamento

Abstract

Consumer superindebtedness is a topic of growing social concern in Brazil, prompting parliamentary debates, new laws, and the need for jurisprudential responses. This research investigates the conciliatory and judicial solutions provided by Law No. 14.181/21 for addressing consumer superindebtedness, with a special emphasis on the effectiveness of conciliation and mediation in debt recovery. In the pursuit of full harmonization of consumer relations, it is observed that merely negotiating debts is not sufficient to restore the consumer, aiming for social healing with the supplier. The institute of Restorative Justice, borrowed from Criminal Law, is explored based on the “Dialogue of Sources”, examining its applicability and contribution to
addressing superindebtedness. The results suggest that, despite room for improvement, the Superindebtedness Law has encouraged conciliation and mediation as effective mechanisms for recovering debts from individual insolvent debtors. Similarly, it is identified that restorative mediation enhances the treatment of the superindebted, involving the organization of debate cycles, bringing debtor and supplier closer, as well as forming a social support network.