A impenhorabilidade do bem de família de alto valor: um conflito entre direitos fundamentais

Abstract

The present study examines the non-seizability of high-value homestead properties under Law No. 8.009/90 and the constitutional principles of human dignity and access to effective judicial protection. The central issue lies in the absence of objective legal criteria to relativize this protection, even in cases involving luxurious properties. The general objective is to assess the possibility of harmonizing the right to housing with the satisfaction of creditors' interests, employing a theoretical-documentary methodology with a deductive approach. It is concluded that the balancing of principles, supported by the Economic Analysis of Law, can provide fairer and more balanced solutions to address the issue, seeking to respect both the dignity of the debtor and the rights of the creditor. Thus, the argument is made for the possibility of judges overcoming the rigid limits of the homestead protection regime through case-by-case analysis of judicial demands, provided that the core of the debtor's dignity is preserved, as the purpose of the legislation is to protect dignity rather than maintain the debtor's high standard of living.