Análise econômica das questões jurídicas que envolvem a aquisição de imóvel em leilão judicial

Abstract

Using a deductive approach, using the qualitative method and exploratory research to carry out a bibliographical, doctrinal and legislative survey, this study intends, from a legal economic perspective, to analyze the legal issues involving the acquisition of property at judicial auction. To fulfill this scope, initially the concept of the judicial auction will be conceptualized and explained from the perspective of an executive mechanism. On this occasion, the method of acquiring the property and its consequences will be discussed, as well as the procedures necessary for the executive process to regularly reach the moment of auction. Next, the judicial, normative and factual issues involving the acquisition of property at a judicial auction will be scrutinized, criticizing the regulation carried out by the Code of Civil Procedure of 2015. Finally, in light of the teachings of Ivo Gico Jr., an Economic Analysis of Law will be carried out, which will encourage reflection on the advantages and disadvantages of selling an auctioned property. In this way, also taking into account the judicial decisions made by the Colendo Superior Court of Justice and by the Egregious Courts of Justice in Brazil, it will be demonstrated that the acquisition of auctioned properties presents itself as a financially viable business and that it provides good investment opportunities for those interested, as long as a careful analysis of the variables presented is carried out, understanding the specificities of the market and mitigating any risks that may exist. In view of all the above, it is also concluded that, although there are challenges, the continuous improvement of the legal system and its adaptation to market demands are fundamental to promoting a safer and more efficient environment for all parties involved in the judicial auction process of properties.