Vulnerability and private autonomy of the elderly in credit operations

Abstract

With the increasing use of digital platforms for service contracting, the technological vulnerability of elderly individuals has become a central concern. Paraíba State Law 12.072/21, which requires the physical signature of elderly individuals in credit contracts entered into electronically or by phone, aims to protect this group. This study investigates whether such regulation aligns with the principle of private autonomy and constitutes an effective protective measure. The research adopts a socio-legal approach to assess the impacts of the legislation. It examines the concepts of consumer vulnerability and the hyper-vulnerability of the elderly, particularly in the digital context, characterized by complex contracts and informational asymmetry. Additionally, it discusses the principle of private autonomy, which ensures individuals the freedom to manage their legal affairs. The results show that, despite its protective intent, the requirement for a physical signature limits the autonomy of the elderly and hinders their access to technologies, without necessarily providing effective protection. It is concluded that protecting the elderly requires a balance between technological inclusion measures and respect for their private autonomy, avoiding solutions that segregate or limit their option.