(im)possibilidade de penhora de bem de família de alto valor como garantia do princípio da efetividade

Abstract

The subject chosen as research has been shown in the civil procedural scope the source of many debates, since there are differences of interpretation both by the doctrinators and by the magistrates. The impenetrability of the family property, a matter of material law has now been shown in a more comprehensive way, where it has been applied in an absolute way, without analyzing the details of each specific case, generating disorders for those who are holders of credit rights . However, the protection that the legislator applied to the single good belonging to the debtor's family and to the debtor is reasonable, since there are executed executions that would leave him executed in misery, violating his human dignity, where the existential minimum and the right to home. But the questioning about the relativization of the unreliability of the single good of high value family seems not yet so relevant in our jurisprudence, since it receives absolute protection from those interpreted by Law 8.009 / 90, in general. Thus, the objective of this work is to analyze the creditor's perspective on the effectiveness of the enforcement process when the executed one has only the family property protected by the insemination of the family property and how it could occur to the flexibility of such protection. To get an answer on the subject, it will be analyzed in the bias of the dialectic.