Heloisa de Alencar Santos
Lawyer at Marcos Martins Advogados
Corroborating the current jurisprudential and doctrinal understanding that family property is a matter of public policy and therefore does not suffer the effects of estoppel, the Second Panel of the Regional Labor Court of Minas Gerais recently ruled that this matter can be argued at any time.
In this regard, the court partially upheld the appeal filed by the debtor in a labor execution case, which requested that the attachment be overturned on the grounds that the property attached was family property.
The debtor’s appeal was based on Law 8.009/90, which prohibits the seizure of property used as a home by the couple or family entity.
The debtor’s reasons were not even heard by the first instance court in Belo Horizonte, which did not hear the motion to stay the execution filed by the debtor on the grounds that the matter in question had already been subject to temporal preclusion, i.e. the debtor no longer had the right to request that the seizure be overturned.
In the second instance, the Second Panel of the TRT-MG unanimously decided to partially uphold the debtor’s appeal, ordering the case to be returned to the first instance so that the request for the seizure to be overturned could be examined again due to the illegality of the seizure of the family property.
