Impenhorabilidade do bem de família: direito à moradia garantido constitucionalmente

• Autor(a) principal: Stankowich, Tainara Valim Souza
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15811
• topic: Bem de família; Direito à moradia; Dignidade; Mínimo existencial

Homestead is the only property that the family has to live with all its members. Its institution was based on the need to protect the dignity of the human person, guarantee the fundamental right to housing and maintain the family's living standards above the existential minimum, without which one cannot live properly. The general objective of this study was to set out how to analyze the immutability of homestead from the perspective of the right to housing guaranteed by the Federal Constitution. It was found that the Brazilian doctrine highlights that the homestead is untenable, except in cases provided for by law. There are positions contrary to the possibility of pledging in case of bail, such a situation would violate the constitutional principle of isonomy. Nevertheless, the homestead cannot serve as a justification for debts to be incurred without the intention of paying off. There are limitations to the impenetrability of the homestead precisely so that it does not become an object for the bad faith action of the owner, in addition to the fact that some rights must be seen as more essential than housing, as in the case of food or payment of taxes, used for the benefit of the community by the government. The homestead exists to fulfill essential constitutional principles, such as the dignity of the human person, which demands the availability of adequate housing for the family, the right to housing as fundamental, as well as the question of the existential minimum.