A política pública de tratamento do superendividamento no Brasil sob a Lei nº 14.181/2021

integração informacional, crédito responsável e fragmentação institucional

Abstract

This article analyzes the public policy for addressing consumer over‑indebtedness in Brazil following the enactment of Law No. 14,181/2021, with particular emphasis on the effectiveness of the principle of responsible lending. It argues that, although the legislation represents a relevant normative advance by incorporating mechanisms for debt prevention and restructuring, a regulatory deficit persists at the informational level, undermining its systemic operability. The research adopts a qualitative methodology based on systematic literature review and comparative analysis between the Brazilian framework and the United States personal insolvency system structured under the Bankruptcy Code. It is argued that the lack of normative integration between debt renegotiation procedures, credit scoring systems supervised by the Central Bank of Brazil, and public bodies within the National Consumer Protection System reveals institutional fragmentation and limits the preventive effectiveness of the model. Finally, the study proposes regulatory improvements through structured integration among the Central Bank of Brazil, the Judiciary, and the National Consumer Protection System.

Keywords: Over‑indebtedness. Responsible lending. Law No. 14.181/2021. Credit scoring.