Português

Abstract

The aim of this final paper is to provide a detailed analysis of the problem of over-indebtedness. Observing the difficulties faced by a large part of the Brazilian population with over-indebtedness and the lengthy processes involved, the need was felt to produce and publish this work in order to find alternative ways of resolving this issue. Among these difficulties, the work in question aimed to analyze, in particular, those generated by the lack of procedural celerity, finding that the best way to resolve this issue is through the use of alternative conflict resolution practices. The subject - over-indebtedness - is still very new, considering that the law establishing it in the Brazilian legal system dates from 2021. With the COVID-19 pandemic, the pre-existing problem has become a national crisis. In this sense, a faster solution to the condition of the over-indebted becomes necessary. It is then that the law turns its eyes to alternative conflict solutions and their application in the Over-indebtedness Law, seeking ways to solve the issue of over-indebtedness in Brazil. One of the challenges encountered in solving this problem through alternative conflict solutions is the existential minimum, how to determine it, what is the appropriate amount, while objective criteria don't work, because they don't apply to everyone, a subjective criterion becomes necessary, of personal evaluation in each case.