Apontamentos práticos sobre a alienação fiduciária de bens imóveis

Abstract

This article analyzes practical aspects of the fiduciary transfer of real estate, highlighting its importance as a guarantee mechanism for real estate credit. The author examines conflicts between the Consumer Protection Code and Law 9,514/97, emphasizing the Superior Court of Justice’s understanding in Topic 1,095, which prioritizes the application of the special law in cases of default. It also addresses the purging of arrears following the enactment of Laws 13,465/17 and 14,711/23, which restricted the debtor’s timeframe for settling the debt until the property is consolidated in the creditor’s name. It also discusses the communication of extrajudicial auctions, the minimum bid for the sale, and the legal consequences of unsuccessful auctions, such as the extinguishment of the debt and the free availability of the property to the creditor. The text concludes by highlighting the importance of a balance between legal certainty, the social function of credit, and the efficiency of the garantee system.