CAMPOS, N. M. G.; CAMPOS, Nathália Maênia Gomes e.
Résumé:
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.
