A penhorabilidade do bem de família do fiador em contrato de locação residencial ou comercial : uma análise da decisão do Supremo Tribunal Federal sobre o Tema 1127

Abstract

This study analyzes the decision rendered by the Brazilian Supreme Federal Court in Extraordinary Appeal No. 1,307,334 (General Repercussion Theme 1127), which established the constitutionality of the attachment of a family homestead belonging to a guarantor in lease agreements, whether residential or commercial. The research begins with a doctrinal reconstruction of the legal institute of the family homestead, the legal framework of suretyship, and the constitutional principles involved, particularly the right to housing, human dignity, private autonomy, and free enterprise. It then examines the judgment in detail, presenting the reasoning adopted by both the majority and dissenting opinions, highlighting the different conceptions regarding the horizontal effect of fundamental rights and the use of constitutional balancing. Finally, it provides an analytical comparison of the positions presented, identifying the main axes of tension underlying the decision. This is a doctrinal and jurisprudential study, developed through a qualitative and analytical-deductive method, based on bibliographic review and constitutional analysis of the precedent.