Os contornos delineados pelo Superior Tribunal de Justiça à regra da impenhorabilidade do bem de família

Abstract

This article is dedicated to critically examining the treatment given by the Brazilian Superior Court of Justice to the norm contained in art. 1 of Law No. 8.009/90. To do so, it presents some initial considerations about the limits of the judicial execution. Continuously, it addresses the concept of estoppel, exposing its incompatibility with the norms that convey principles of public order. Then, it analyzes the arguments used by the Brazilian Superior Court of Justice to temporarily limit, trough estoppel, the possibility of arguing the unseizability of the homestead property, from the perspective of the principle of proportionality. Finally, it seeks to find a balance between the interests in question, namely, third party protection and the right to housing of the debtor, so that the solution that best matches the Constitution prevails.