Imóvel de alto valor:

(im)penhorabilidade do bem de família?

Abstract

Abstract: The unseizability of family property is closely related to the constitutional right to housing, which can be understood, through extensive interpretation, as a fundamental right. However, concerns have arisen in relation to high-value properties, since their owners are not normally vulnerable. The law, although not explicitly mentioned, is intended to protect the fundamental right to housing, which, in turn, is not usually an obstacle to those who are more fortunate. Thus, the research problem can be succinctly formulated in the following question: should high-value properties be subject to impenetrability in order to protect the family home? Attributing the same impenetrable treatment to high-value family property could facilitate fraud in execution, and Law No. 8,009/90 does not preceptually meet its scope.

Keywords: family property; unseizability; sumptuous property; fraud.