A funcionalização do bem de família e a relativização da impenhorabilidade em casos de bens com valor vultuoso

Abstract

This paper analyzes the functionalization of family assets and the relativization of their non-attachability, focusing on high-value properties. The research highlights that, although Law No. 8,009/90 protects family housing, ensuring human dignity, such protection must be weighed against the needs of creditors in enforcement proceedings. The application of the principle of proportionality is proposed as a solution to reconcile conflicting fundamental rights. The investigation covers the legal foundations of non- attachability and examines practical cases dealt with by the Superior Court of Justice (STJ). The possibility of partial seizure of high-value properties is defended, ensuring that the owner maintains a decent home while part of the property or its value is used to satisfy the debt. The conclusion is that partial seizure of high-value properties is a necessary measure to ensure the effectiveness of the enforcement proceedings and the protection of fundamental rights, providing a fair solution for both creditors and debtors.