Questões polêmicas quanto ao bem de família legal
estudo em homenagem ao Ministro Antonio Carlos Fereira
Keywords:
Family home, Non-attachability, Law n. 8.009/1990, JurisprudenceAbstract
This article analyzes the legal family home, regulated by Law No. 8.009/1990, highlighting its role in protecting housing and human dignity. The authors explain the dualistic approach to this institution, distinguishing the legal family home—automatic and of public order—from the voluntary home, provided for in the Civil Code. They argue that the non-attachability of family home is a mandatory rule, only waived in cases expressly provided for by law. The study delves into the exceptions provided for in Article 3 of Law No. 8.009/1990, addressing controversial case law regarding financing, alimony payments, tax debts, mortgages, and, especially, the seizure of the guarantor’s property in lease agreements. The authors conclude that Section VII of the aforementioned article should be repealed, given the instability generated by the divergence between the right to housing and free enterprise.
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