In a recent ruling (REsp 2.082.860 – RS), the 3rd Panel of the Superior Court of Justice (STJ) decided that the exception to the unseizability of family property also applies to debts incurred for the renovation of the property itself, demonstrating the adaptability of the law to the circumstances of each case.
In the case under examination, a debt relating to renovation and decoration services for a property led to the seizure of the asset during the process of Compliance with Judgment. The owner, however, argued that the property, where she has lived for over eighteen years, should be recognized as family property and therefore protected.
When analyzing the claim, Justice Nancy Andrighi clarified that the debt for renovating the property is an exception to the protection of the family property. This is due to the fact that the protection of the family home does not allow the debtor to fail to fulfill his obligations relating to the construction, renovation or acquisition of the property.
It was also mentioned that although the exceptions to seizure must be interpreted restrictively in order to protect human dignity and the right to housing, the judge is not restricted solely to the literal text of the law, but must also take into account the legislator’s purpose and the need to ensure that creditors receive adequate payment for services rendered.
We are attentive to the latest case law and discussions in all areas of the Judiciary in order to provide our clients with appropriate and effective advice.
