Impendability of assets in the perspective of the judicisal precedents of the Superior Court of Justice: empirical analysis

Abstract

Law 8.009/1990 established a regime of impenhorability  recognized as essential to the family with the purpose of ensuring the fundamental right of housing to the debtor and his family members. In the scope of this law, the jurisprudence of the STJ has been outlining the limits and extent of impenability of family property, excepting it in some specific cases and expanding its scope in other circumstances. The same is true in relation to the unfreezing of bank accounts of a wage nature provided for in CPC/15. The STJ is gradually relativizing the attachment of wages, contrary to some precedents, the CPC/15. The jurisprudential change on the subject can be harmful to the integrity, stability and coherence of the law, considering the normative framework based on binding precedents. In this context, the work aims to outline a  of the judicial precedents edited by the STJ, in the period of validity of CPC/15, on the theme, seeking to demarcate the discursive strategies used to expand or reduce the scope of impenhorability rules. By identifying the position of the Court on the subject, highlighting the assertive and contradictory aspects, it is possible to reflect on the observance of the guarantees of the process in the assessment of the topic and elaborate, from the inductive approach, some assumptions for a theory of impendability, which allows the adequate protection of the regime of impendability of family property and amounts that constitute an asset reserve of the debtor. The research methodology is qualitative-documentary.