Tatiane Bagagí Faria
Lawyer at Marcos Martins Advogados
In a recent decision, the Federal Supreme Court (STF) confirmed its understanding of the unenforceability of the guarantor’s family assets in commercial real estate lease agreements, reinforcing the importance of the right to housing as an offshoot of the principle of human dignity and the protection of the family, to the detriment of free enterprise.
In the case in question, a real estate company filed an interlocutory appeal against the decision that granted the extraordinary appeal filed by the guarantor, requesting that the decision be overturned on the grounds that the guarantor granted the property as collateral for the commercial lease agreement even though he was aware of the provisions of the Tenancy Act.
In ruling on the matter, the Supreme Court reinforced the precedent already established by the Court to the effect that the family assets of the guarantor of a property leased for commercial purposes cannot be seized, confirming the understanding of the prevalence of the dignity of the human person, the family and the right to housing, principles and guarantees provided for in the Federal Constitution of 1988.
Reporting Justice Ricardo Lewandowski, in his opinion, cited an excerpt from a judgment handed down by the Court in order to reinforce his understanding of the unseizability of the guarantor’s family property in the event of a commercial lease, when he understood that the guarantor’s family cannot be required to sacrifice their home, under the pretext of satisfying the credit of the landlord of a property used for commercial purposes or to stimulate free enterprise, and there is no justification for seizing the guarantor’s only property in the light of the principle of equality and proportionality.
Marcos Martins Advogados is attentive to the latest case law in order to provide adequate and effective advice to our clients.
