A impenhorabilidade do bem de família do fiador nos Contratos de Locação.

Abstract

The present work deals with the legal principle of homestead, and analyzes the legal treatment applied to penhorabilidade of that property when belonging to the mainly existing annoyance locaticio guarantor against the social right to housing and the Constitutional principles of Human Dignity and Equality. That institute is an important legal instrument that seeks to protect the residential property belonging to a family unit, being set in our by Articles 1711-1722 of the Civil Code and Law No. 8.009/1990 . Such standards based on the assumption that it is essential guard against the family household, making it impenhoravel for their debts, with the primary objective of family and the need to protect an equity minimum for a dignified life. However, the art. 3º of Law 8.009/1990 comes from the assumptions will be cleared to feature unseizability of good family. From the exception introduced the above-mentioned article by article 82 of Law 8.245/1991, section VII , it appears that the good of the family guarantor of a lease can have your property seized to satisfy that contract . Thus, the possibility of attachment on the good of the family guarantor in the lease incites a major doctrinal and jurisprudential discussion, aiming to present research show that, given the importance of the values put into conflict, the rule providing for the removal of unseizability well in comment is unconstitutional. By using the deductive method as a method of approach, the historical - evolutionary method as a procedure and method of indirect documentation as a research technique , this study aims to examine the constitutionality of the said legal provision in the light of constitutional principles and standards , is attempting to pacify the doctrinal and jurisprudential understanding , so that we can ensure greater legal certainty.