The Third Panel of the Superior Court of Justice (STJ) unanimously decided that the legal protection of the family home (bem de família) cannot be removed because of the property’s high market value. For the panel, the exceptions to unattachability set out in Article 3 of Law 8,009/1990 are exhaustive and must be interpreted restrictively; courts may not create new exceptions based on a property’s value, standard or other characteristics.
The case began in enforcement of a judgment in which the creditor asked for the seizure of the debtors’ residential property. The first-instance court recognized the property’s unattachability, but the Court of Justice of Paraná authorized the seizure, considering that the property, located in a high-end condominium, could be sold to pay the debt and still allow the debtors to buy another home.
At the STJ, rapporteur Justice Moura Ribeiro stressed that the law aims to secure the fundamental right to housing and human dignity, guaranteeing the family a minimum patrimony. According to him, the law sets no value limit and does not distinguish by location or property standard, and admitting a subjective criterion would create legal uncertainty. The lower court’s solution — selling the property while reserving funds to buy another — has no legal basis and contradicts the Court’s settled case law.
The decision is recorded in AREsp 2,791,033.
Informational summary prepared from the source cited. For the full content and any updates, consult the original source. This is not legal advice.
Source: STJ (Superior Tribunal de Justiça) — Notícias
