The decisions of the Superior Courts on the expropriation of family assets in view of the principle of the dignity of the human person

Abstract

The Brazilian legal system adopts the unseizability of the family property, which is regulated by Law n. 8.009/1990. Sometimes, residential properties can be the object of legal relationships that lead to the transfer of ownership, which has the power to generate major legal discussions when dealing with family property. Given this scenario, one wonders what would be the solution brought by the STJ so that the expropriation of the family property does not violate the principle of human dignity? In order to answer the problem, this article has the general objective of verifying the impacts of jurisprudential decisions related to the expropriation of the family good in view of the principle of human dignity. The specific objectives are to analyze the legislation on the subject, elucidate the concepts of family, explain situations in which the unseizability of the family good is applied and the constitutional precepts on the dignity of the human person as a fundamental guarantee. The basic hypothesis is based on the assumption that jurisprudential decisions on the subject collaborate positively to remedy existing legal gaps. The harmonization of the right of unseizability of the family property and the principle of human dignity does not occur in an absolute manner and, given the peculiarities of each case, the Judiciary has acted in such a way as to bring legal certainty to situations not expressly provided for by law. The article was written using the qualitative research method, based on a literature review.