Impenhorabilidade do bem de família legal: garantia patrimonial familiar ou favorecimento à fraude contra credores?.

Abstract

The family good is the middle of protecting the home, due to the whopping reality of economical disparities that you/they devastate Brazil. Two types of family good exist: foreseen him/it in the Civil Code of 2002, the volunteer; and the established in the Law no. 8009/90, the legal. What promotes the individualization of this very it is the fact of having residential destination, besides being no penh ravel. In the current days it is discussed the subject of the no plethora of the family good a lot, above all, when such warranty is interlaced to the creditor's right in having guaranteed his/her credit. The family good is albeit it invokes linked rights to the human dignity, and therefore, it possesses insured place in the orbit of the law, that creates mechanisms seeking his/her protection. In another plan, he/she is the creditor's right, that before the juridical business, it accomplished his/her obligation and not obtaining to against - departure on the part of the debtor, tries damages, equally aided by the juridical ordenament. To analyze this conflict is the purpose of the present study, that it interconnects the no plethora of the family good to it swindles against creditors, promoting a confrontation among several beginnings of public extent, before others of deprived order. The home is a larger right, protected in level of fundamental right; however it is done necessary, to create means of his/her use to it swindles against creditors.