THIRD PARTY EMBARGOES. GOOD AS THE FAMILY. LAW 8.009/90. NEED. NONEXISTENCE. The protection of Law 8.009/90 (LGL199021) (legal family property) does not require registration in the real estate register and is not confused with the so-called “voluntary family property” regulated in the arts. 1,711 to 1,722 of the Civil Code (LGL2002400). The first is guaranteed by the State itself, is procedural in nature and has a basis for its validity in the constitutional principle of the dignity of the human person, which guarantees all the minimum conditions for a dignified life. The second is of a material nature and is used by the owner himself to ensure the immensity and also the inalienability of the property. The condition in which it is rejected is rejected.
(TRT 2 – 01906000920065020447, Rel. Des. FLÁVIO VILLANI MACÊDO, 17th grade, Dje. 24/07/2015). In general, in cases where the family business is silent in determining its family patrimony, that is, if it is not constituted in a conventional / voluntary way (by public act or will), the family`s domicile and property, which is always considered by the State as family property, by legal institution (Law 8.009/90), with the characteristic of immensity. In view of this, it is recognized that it is more convenient for those who want to protect a particular family property than the institution of this single family property paragraph. In the case of rental property, dissatisfaction applies to paid movable property that keeps the apartment and is in the possession of the tenant, in accordance with the provisions of this article. 2-Legal or compulsory family care (Law 8009/90): determines the immensity of residential property, regardless of the institution of conventional family property. Legal family property is introduced without a series of formalities that make the conventional, for example, no deed, registration and also not inalienable. 4 º Will not benefit from the provisions of this law, which knows itself as insolvent and acquires in bad faith more valuable property in order to transfer the family residence, whether or not it has the old apartment. Referring to the “family unit”, stj summary 364 makes a comprehensive interpretation of housing protection in order to reach the property in which the single, separated or widowed person resides.
In addition to the protection of the property, the family patrimony may also protect securities that do not exceed the value of the assets in which the income is used for the preservation of the property itself and to support the family business in accordance with Art. 1.712 of the Civil Code, provided that they are mentioned in the public document of a family-type institution. Point VI deals exclusively with compensation resulting from the exercise of the offence and expressly requires a “criminal conviction of the penalty”. According to Carlos Gonçalves (apud GONÇALVES, 2011 p.597): with regard to the first part of point VI, Article 3, in the event that the family property was acquired with the proceeds of crime, there is no doubt that it will react in its entirety, given the criminal origin of the sums spent on its acquisition. If, on the other hand, it is only the execution of a criminal sanction condemning the reimbursement or compensation due by one of the members of the family, it reacts only to its ideal part, since the others were not involved in the exercise of the offence. Even the renunciation of property will only reach the ideal part of those convicted under criminal law. The Homestead Act brought not only the immensity of movable household goods, which were mainly the object of protection, but also that of real estate. Therefore, in the latter characteristic, the originality of the institute and the central objective of its scope. Soares, Alinne Torres( legal protection for the benefit of the family.
2013. 72 f. Monograph (Bachelor of Law) – Salesian University Center of São Paulo, Americana, 2013. Law 8009/90, which establishes and regulates the vastness of family property, was created to protect the family. In order for the property to be subject to this protection, as provided for in article 5 of the above-mentioned Act, which defines what family property is, it is necessary that it be used as the permanent residence of the couple or family unit. Professor Carlos Roberto Gonçalves (2011 p.589), in his lessons, brings us the following lesson on compulsory family property: “[is] the introduction of this modality by the State itself, which imposes it by the rule of public order in the defense of the nucleus of the family, without constitutive act and therefore registration in the real estate register.” According to article 5 of the Act, legal family property does not allow surrogacy – and if two or more properties also serve as housing for the owner or family, the property of lesser value must always be considered as family property. § 2 – If the family residence is established in rural property, dissatisfaction is limited to the place of residence with the respective movable property and, in the cases referred to in Article 5 (XXVI) of the Constitution, to the limited area as small rural property. No. Conventional family property makes the property they contain inalienable. The sale will depend on the approval of interested parties and their legal representatives, the prosecutor`s office heard. In the Federal District, the analysis of the annulment of the voluntary registration of family property on property must be attributed to the civil court, since the said claim is not related to the act of the Karoraz Act itself, even if the consequence is the exclusion of the restriction voluntarily entered in the register (TJDFT judgment 1112441). No.
The establishment of traditional family assets may not exceed one third (1/3) of the net assets existing at the time of establishment. Therefore, in order to measure the maximum limit of one third (1/3) of equity, previous family debts and debts must be deducted so that there is no deliberate immobilization of assets, and therefore fraud against creditors must be detected. VI – for the acquisition of the proceeds of crime or for the execution of a criminal sanction condemning the reimbursement, compensation or loss of property. Family property is provided for in Articles 1.711 to 1,722 of the Civil Code and Law No. 8.009/1990, with the aim of protecting the family business by distributing part of its assets as family patrimony, thus making it unsecured in terms of debts after its creation. Legal family property includes only residential property in the family business or, if there are several, less valuable property. It also includes construction, planting, improvements of any kind and all equipment, including those for professional use, or furniture that furnishes the above goods, provided that they are paid. As a general rule, immensity can only be recognized if the property is used for the residence or permanent accommodation of the family business, the thesis of simple domicile is not allowed, but the requirement “living in the property” has been mitigated by the STJ with the question of summary 486, which gives us the following formulation: “Only residential property rented to third parties is not seizable, provided that the income from the rent is intended for the subsistence of the owner. ».