Cintia Solé
Lawyer at Marcos Martins Advogados
In a recent judgment, the 1st Civil Chamber of the Federal District Court of Justice ruled that the protection of the family property should be extended to the property when it is still under construction.
In this regard, the Reporting Judge, Carlos Rodrigues, held that the fact that the property was acquired through the “Minha Casa Minha Vida ” program presupposes prior verification that there is no other property in the owner’s name, as well as proof of its use for housing purposes.
Likewise, the desire to live in the property about to be handed over was evident in the specific case because the family currently lives in a rented property.
Finally, he explained that the classification of the family property must be analyzed on a case-by-case basis, and once its purpose of use has been declared to be for residence, as well as this being the only property of the family unit, there would be no obstacle to removing the legal guarantee of unseizability of the family property since it aims to safeguard the minimum assets of the human person, under the terms of Law No. 8,009 of 1990. Accordingly, the 1st Civil Chamber of the TJ/DF unanimously dismissed appeal No. 0708956-16.2019.8.07.0005.
