O debate sobre a impenhorabilidade do bem de família do fiador em contrato de locação comercial no âmbito do Supremo Tribunal Federal

Abstract

Civil Law has undergone countless changes. However, in its origin, it was identified and understood as a right apart from others, autonomous and without subsystems in its surroundings, being also understood as a normative part that privileges individuals. The problematic of this research and work consists in answering the following question: does the unseizability of the family property reach the guarantor's property in a commercial lease? As a general scope, the objective is to address the issue related to the understanding of the institute of the unseizability of the family property, correlating it with the guarantor of a given commercial lease agreement, in light of the doctrinal and jurisprudential understanding. In these writings, the dialectical method will be used. As methods, the work will be developed from bibliographic and documentary research, in which the processes of identification and compilation will be used, as well as through scientific articles, jurisprudence, doctrine, legislation and data obtained from relevant and competent bodies. In conclusion, Moraes understood that recognizing the unseizability of the guarantor's family property in a commercial lease would have the effect of causing a serious impact on the lessee's freedom to undertake and on the guarantor's own property right. Thus, he proposed the following thesis: The pledge of a family property belonging to a family property belonging to a guarantor of a lease contract, whether residential or commercial, is constitutional.