(UN) CONSTITUTIONALITY OF THE SEIZURE OF RESIDENTIAL PROPERTY (LEGAL HOMESTEAD) THE GUARANTOR ON LOCATION CONTRACT FROM THE DOCTRINE WITH APPLICATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS

Abstract

The objective of this article is to analyze the (un) constitutionality of the seizure of the residential property (legal homestead) of the guarantor on location contract from the doctrinal positioning before the application of fundamental principles and rights. Legal homestead was first discussed with regard to its origin and the types of homestead existing in the national legislation and then the of the seizure of residential property (legal homestead) the guarantor on location contract in what matters to the position of the Federal Superior Court (FSC), which currently, as well as the Courts of Justice, follows the consolidated understanding that the legal seizure of the residential property (legal homestead) of the guarantor on location contract. Finally, the doctrinal positions before the application of the fundamental principles and rights regarding the constitutionality and unconstitutionality of said seizure.
Although it already has a consolidated understanding, including with general repercussion, the brief study, seeks to analyze the constitutionality or not of the said seizure according to the doctrine before the application of fundamental principles and rights.