Camila Asha Champam de Lacerda
Lawyer at Marcos Martins Advogados
In a recent decision, the 23rd Chamber of Private Law of the São Paulo State Court of Justice reversed a lower court decision that had granted the seizure of rents received by the debtor in order to pay off a debt that had been levied in court.
When analyzing the case, the collegiate observed that the value of the rents is used for the debtor’s family subsistence and is therefore unseizable, under the terms of Precedent 486 of the STJ, which states that: “The debtor’s only residential property that is leased to third parties is unseizable, provided that the income obtained from the lease is reverted to the subsistence or housing of his family.”
According to the rapporteur, Judge Tavares de Almeida, the Precedent expressly prohibits the seizure of rents received from the rental of the family home, provided that the amounts go towards the subsistence of the debtor’s family, as in the case in question.
Therefore, in accordance with the prevailing case law of the São Paulo State Court of Justice, the debtor’s appeal was granted to prevent the seizure of the rents received by him.
Marcos Martins Advogados is aware of the latest case law in order to provide our clients with appropriate and effective advice.
