A inconstitucionalidade da execução do bem de família do fiador em sede de contrato de locação.

Abstract

Firstly, this study aims to analyze the offense to constitutional principles, introduced in the Brazilian legal system, by Law 8.245/91 (Tenancy), through the art. 82, which requires the exception to the rule of unseizability of the Family Asset, acting on the leasing contracts under the figure of the guarantor. Addressing to this issue, the support focuses on the evident discrepancy, on the legal and social sense, the execution of the family asset of the guarantor, and the inapplicability of the rights inherent to the human being. The theme has in its scope the general objective to analyze the exception to the rule of unseizability as an affront to the Constitution and its possible unconstitutionality. Based on the guiding principles of the social scope, the basic principles for the integrity of the individual as there are: the social right to housing, the principle of equality and human dignity. According to analysis of the theoretical paradigm of modern constitutionalism, which denotes the supremacy of the Constitution’s Text and normative force, characterized by effectiveness and radiating throughout the legal system. The organization and development of the study conduct itself by the hypothetical-deductive approach, methods of historical and comparative procedure, and the technique of indirect research, despite of using bibliographic material. When it comes to the final point, the primacy need of the existence minimum and observance of fundamental human rights implemented according to the constitutionalist, have to be reflected in order to purge the Brazilian legal norm that opposes these foundations.