A relativização da impenhorabilidade do imóvel de vultoso valor que serve como bem de família

Abstract

The purpose of this monography is to analyze the institute of unseizability of the property that serves as a family property of high value in the country order, making a study on the crisis of the effectiveness of the execution process in Brazil. Thus, it is sought to demonstratethat the hypotheses of relativization of the unseizability of the family property present in our planning are insufficient to find out a solution to the problem of ineffectiveness of the execution process. In this context, it will be analyzed the new tools available in the execution, as well as it will be evidenced that these were insufficient for an effective implementation process, defending an amplification of the hypotheses of relativization ofunseizability, in relation to the partial attachment of family’s property with high value, in some specific circumstances that the concrete case may present. For this, the present study proposes an immersion in the general aspects of the execution process and its principles, according to the specialized doctrine and through a bibliographical revision, emphasizing that in the relativization of unseizability, the principles in collision had to be weighted, when it will seek to reconcile the fundamental rights in conflict, so that, even if one is privileged to the detriment of the other, both should remain equally valid and fair, both for the creditor and for the debtor.