Post by account_disabled on Mar 6, 2024 23:52:17 GMT -6
The th Panel of the Superior Court of Justice recognized the unseizability of family property not inhabited by the debtor but by his mother in lifetime usufruct. Banco do Brasil's claim to seize the asset was denied as the personal nature of the usufruct makes it unseizable according to the ministers. The bank argued that the garnishment was valid because the debtor was not dependent on his rent. The argument was not accepted.
Minister Luis Felipe Salomão explained that usufruct is a very personal real right which divides the ownership of the property. “The usufructuary is granted the right to enjoy the good of others perceiving its fruits and being able to derive economic benefit from it; The naked owner only has indirect possession and the right to dispose of that asset.” The rapporteur clarified that only the fruits can be seized. The property however may be subject to constriction unless it is a family asset.
Salomão stated that the Federal Constitution establishes BTC Number Data housing as a fundamental right to human dignity. This principle he added should guide the interpretation of all legal norms. “This is what can be seen for example in several jurisprudential precedents of this Superior Court that understood the extension of this protection to the address of the single debtor despite the fact that article of Law is explicit in the sense of establishing as a beneficiary of the unseizability of the family residence the couple or the family entity” assessed the minister.
The rapporteur emphasized that “the Federal Constitution raised the right to housing to the condition of unfolding one's own human dignity which is why either considering that the defendant's mother is a member of this family entity or perceiving that support for the elderly mother is reason more than enough to justify the fact that the naked owner lives in a rented property with his direct family there is no doubt that his only property is entitled to protection”. He also pointed out that the local court stated that there were no other properties in the debtor's name and that reviewing such a conclusion would require a reexamination of the evidence which was impossible for the STJ in a Special Appeal. With information from the STJ Press Office.
Minister Luis Felipe Salomão explained that usufruct is a very personal real right which divides the ownership of the property. “The usufructuary is granted the right to enjoy the good of others perceiving its fruits and being able to derive economic benefit from it; The naked owner only has indirect possession and the right to dispose of that asset.” The rapporteur clarified that only the fruits can be seized. The property however may be subject to constriction unless it is a family asset.
Salomão stated that the Federal Constitution establishes BTC Number Data housing as a fundamental right to human dignity. This principle he added should guide the interpretation of all legal norms. “This is what can be seen for example in several jurisprudential precedents of this Superior Court that understood the extension of this protection to the address of the single debtor despite the fact that article of Law is explicit in the sense of establishing as a beneficiary of the unseizability of the family residence the couple or the family entity” assessed the minister.
The rapporteur emphasized that “the Federal Constitution raised the right to housing to the condition of unfolding one's own human dignity which is why either considering that the defendant's mother is a member of this family entity or perceiving that support for the elderly mother is reason more than enough to justify the fact that the naked owner lives in a rented property with his direct family there is no doubt that his only property is entitled to protection”. He also pointed out that the local court stated that there were no other properties in the debtor's name and that reviewing such a conclusion would require a reexamination of the evidence which was impossible for the STJ in a Special Appeal. With information from the STJ Press Office.