Instituto da fiança e os conflitos com a impenhorabilidade do imóvel bem de família

Abstract

This is an academic survey by the Instituto do Bem de Família and the relevant legislation on the topic. Rules and exceptions of inapplicability, with the understanding of the jurisprudence on the flexibility of the institute. It also brings the basic concept, a little of its history, its forms of institution, portraying the objective of protecting the family's right to housing highlighted by the Federal Constitution of 1988. It also portrays the Instituto de Fiança. Accessory guarantee contract of a main contract, its use, concepts, characteristics and forms of institution and extinction. Jurisprudence on the subject, in addition to analyzing the parties' manifestation of will, excluding the benefit of the order and facilitating the execution processes. Finally, an analysis is made of the conflicts that arise in the face of a greater appreciation of one or another institute in the judgments of the higher courts. The instruments used in the development of this work are characterized by bibliographic, documentary and legislative research, and also include magazine articles and the Internet, in addition to various other means and techniques of direct and indirect research. The approach method used in this research is the Dialectic Method, or often referred to only as dialectic. Form of speech between two or more people who have different points of view on the same subject, but who intend to establish the truth through reasoned arguments and not simply win a debate or persuade the opponent.