Pequena propriedade rural: análise das possibilidades de impenhorabilidade

• Autor(a) principal: Baesso, Fernanda
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5941
• topic: Execução civil; Impenhorabilidade; Propriedade rural

The present monographic work has as general objective to analyze the possibilities of can not be pawned of the small farm property. Regarding the level, the nature of the research can be classified as exploratory and as far as the data collection procedure is concerned, the research was carried out using the bibliographic and documentary method. Regarding the method of approach, the research is classified as qualitative since it analyzes principles, legislation, doctrines and jurisprudential understandings related to the proposed theme. Besides the introduction and conclusion, the work has three main chapters. The first chapter deals with the execution process for a certain amount, discussing the general aspects of the execution processes, legitimized parties, requirements and jurisdictional competence, as well as presenting the doctrinal understanding about the principles pertaining to the execution process. In the second chapter, we study the procedures prior to the executive acts, discussing the attachment, the assets that can not be hired, and the exceptions to the garnishment. The third chapter deals with the definition of small farm property for the purposes of be pawned and the possibilities of impenorability of small farm property, based on legislation, jurisprudential and doctrinal understanding on the subject. In view of the study carried out, it was concluded that the criteria that guide the impenorability of small farm property are aimed at ensuring the fundamental right of access to income generating means. Therefore, the necessary requirements that allow the can not be pawned small farm property, will be: the size of small farm property, which must not exceed four fiscal modules and proof of economic dependence of the executed and his family on this small farm property.