What are the discussions and legal implications in the attachment of the guarantor's family property in Brazil?

Authors

  • Arthur Estevam de Melo
  • Roberta Salvático Vaz de Mello
  • Gustavo Henrique de Almeida

Keywords:

Real estate rental, Good of family, Constitutionality of the pledge of the guarantor's asset, Right to housing, Right to property, Rent guarantees, Tenancy Act

Abstract

This study aims to present the constitutional right to housing, property and family welfare, the population's difficulties in acquiring real estate and the increase in the large demand for rent, how a rental contract works and the importance of lease guarantees, what are the legal discussions on the figure of the guarantor in the face of the federal constitution and the presentation of other forms of rent guarantee once it has been verified that the great discussion about the constitutional right to housing and the constitutional right to freedom has no plausible solution and that there is a real need for the withdrawal of this form of guarantee from the market due to the great damage it can cause to both parties involved, and in this way other forms of guarantee must be presented to the public such as capitalization bonds, rental guarantee insurance, escrow deposit and credit card guarantee, which have an expense either for the lessee, responsible or guaranteed r but that allow the lessor to have security when disposing of his property to others and that he does not have losses from a legal point of view in the economic field.

Published

2022-12-16

How to Cite

Melo, A. E. de, Mello, R. S. V. de, & Almeida, G. H. de. (2022). What are the discussions and legal implications in the attachment of the guarantor’s family property in Brazil?. LIBERTAS DIREITO, 3(2). Retrieved from https://periodicos.famig.edu.br/index.php/direito/article/view/315