THE UNSENIORABILITY OF ASSETS DECLARED BY VOLUNTARY ACT IN THE HYPOTHESIS OF ARTICLE 833, ITEM I OF THE CIVIL PROCEDURE CODE
Name: RODRIGO FERRARI SECCHIN
Publication date: 25/09/2023
Examining board:
Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor |
Summary: This study aims to decipher the legal contours of assets that cannot be seized by avoluntary act under the terms of item I of article 833 of the Code of Civil Procedure.Therefore, it is necessary to answer the following question: what is the limitation ofproperty liability for assets declared, by voluntary act, not subject to execution in orderto apply the terms of the aforementioned provision? The rules on the unseizability ofassets, provided for in the Brazilian legal system, aim to protect and safeguard somerights of the person responsible and their family, such as the right to subsistence andhousing. However, the rules on unseizability have recently become a topic of debateand discussion among legal scholars and practitioners. Particularly this hypothesis of“limitation” of property liability has not received the attention it deserves, with nospecific academic work on it, despite a series of questions that arise from it. The mainobjectives of this dissertation were, with a view to answering the initial question above,to analyze the foundations and principles that support the unseizability of assets andtheir importance for guaranteeing fundamental rights, verifying the reasons that justifythe political limits of civil and , therefore, identify the criteria and requirements for itsapplication, with the aim of proposing solutions and suggestions to improve theinterpretation and application of the legal provision in question, with the aim ofguaranteeing the protection of fundamental values and the effectiveness of theprovision jurisdictional. It is intended that this academic work contributes to the debateand reflection on the unseizability of assets, especially with regard to those declaredby voluntary act, provided for in article 833, item I of the Brazilian Code of CivilProcedure, offering subsidies for an interpretation adequate and considered standardin light of fundamental values and legal certainty. Furthermore, it is hoped that theresults and suggestions presented can help promote more effective and equitablejustice for Brazilian society.
Keywords: patrimonial responsibility; unseizability; autonomy; liberty; voluntary act.
