O bem de família obrigatório na jurisprudência dos Tribunais Superiores

Abstract

This article analyzes the mandatory family home institution, established by Law No. 8,009/1990, and its consolidation in case law in the higher courts, highlighting the vote of Justice Antonio Carlos Ferreira in Resp 2,105,326/ SP (Topic 1,261). The protection of family housing is interpreted as an expression of human dignity and the social function of property. The text demonstrates that the nonattachability of family homes constitutes an exception to property liability and should be interpreted restrictively, preserving the balance between the right to housing and the legal security of contracts. The article highlights the developments in case law that expands the protection of housing, adapting it to new family configurations and reinforcing the role of the Judiciary in enforcing fundamental rights.