Sobre-endividamento dos consumidores

: regulação e tratamento no ordenamento jurídico português

Abstract

This dissertation seeks to undertake a comprehensive examination of the phenomenon of consumer over-indebtedness in Portugal, adopting a socio-legal perspective that interweaves foundational concepts, structural causes, and normative responses. At the outset, it delineates the figures of the consumer, the indebted debtor, and the over-indebted individual, drawing clear distinctions between these and related legal constructs, such as contractual default and insolvency. The inquiry subsequently turns to the underlying causes of over-indebtedness, identifying determinants of an individual, structural, and systemic nature. In parallel, the role of DECO — the Portuguese consumer protection association — is scrutinised, particularly its extrajudicial intervention as a mediator in alleviating financial distress through non-contentious means. From a legislative standpoint, the study analyses the evolution of the legal framework governing over-indebtedness, with particular emphasis on preventive mechanisms and remedial instruments. These include debt discharge procedures, structured repayment plans, and extrajudicial restructuring regimes. The dissertation concludes with a critical reflection on the adequacy and effectiveness of the existing legal responses, underscoring the imperative for a more cohesive, accessible, and human-centred normative system that safeguards the dignity of economically vulnerable consumers.

Date of Award	16 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Engrácia Antunes (Supervisor)