Impenhorabilidade do bem de família: análise de algumas questões relevantes à luz da Lei n. 8.009/90 e do Código Civil: Análise de algumas questões relevantes à luz da Lei n. 8.009/90 e do Código Civil

• Autor(a) principal: Simardi, Mariana Fassi
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29690
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Família; Proteção; Preservação; Impenhorabilidade; Residência; Family; Protection; Preservation; Unseizability; Residence

In this monograph research, the author analyzes the issue of the homestead`s unseizability and their particularities and the legal implications from the perspective of its fundamental aspects, as well as the innovations brought by the jurisprudence considering changes in the world we live nowadays. In general, to address the new paradigms that should govern the issue of unseizability of the homestead, in order to preserve the family unit and social peace. First, the research develops general considerations about the historical development and legal nature of the subject of this research. Also, consider the importance of Law. 8.009/90 under the protection of the family entity on the one hand, and creditor´s satisfaction, on the other. After outlining these issues, this study examines the fundamentals of unseizability of the homestead, highlighting the innovations that n.8.009/90 Law brought. In this step, it is analyzed the fundamental principle of protecting and preserving the family as well as the importance of innovations related to the scope of executive jurisdiction. Furthermore, it is analyzed the most important procedural issues relating to the proposed theme, under most current context, in line with changes in society and in different situations in with they may be on. In developing the theme, the methods employed are historical, comparative and deductive reasoning, through monographic procedure by searching the main factors, as well as the steps proceeded to obtain the protection of unseizability of the family´s residence. The author's interest in this subject stems from the interest in applying the rule of unseizability of the homestaed, by the reason of protection of the family, which is the basis of our society and includes constitutional principle, overlapping this fact on the material interest the satisfaction of the claim by its creditors. Thus, the author develops this work driven by the importance of the theme, in other words, the importance of protecting the family, that is, to repeat, the foundation of our society, without, however, to allow the setting of bad faith and fraud to execution by the head of the family from using the benefits provided by Law n. 8.009/90. Therefore, this study aims to discuss and identify the scope to be completed by the standard that granted the benefit of unseizability of the homestead, who must always be the protection of the family