A responsabilidade civil dos bancos na concessão irresponsável de crédito: análise à luz da Lei nº 14.181/2021 e jurisprudência do TJSP

This article analyzes the civil liability of banks in the face of irresponsible lending that causes consumer over-indebtedness, examining the innovations introduced by Law No. 14,181/2021 to the Consumer Protection Code. Based on a jurisprudential analysis of the judgment handed down by the 12th Chamber of Private Law of the São Paulo Court of Justice in case no. 1049299-44.2023.8.26.0576, which investigates the application of the principles of objective good faith, the social function of the contract and the dignity of the human person in the context of responsible lending. The study also presents the liability applicable to credit providers, the mechanisms for judicial renegotiation of debts and the consequences of civil liability, highlighting the protection of the existential minimum as the fundamental core of protection for hyper-vulnerable consumers. The methodology employed is qualitative, based on bibliographical and documentary research and comparative case law analysis.