Highlights

First Chamber of the Brazilian Federal Supreme Court removes the possibility of pledging the guarantor's exempt property placed in a commercial location

By majority of votes, the Justices filed the Extraordinary Appeal (RE) 605709, in which the applicant claimed that the sale of his house - located in Campo Belo (SP) - at an auction held in 2002, was null.

According to the appellant, the pledge of his property is illegal since it was his only property and he was the responsible for the family's livelihood. Thus, he argued that, in the hypothesis, the restitution of his property would assure the protection of the fundamental and social right to adequate housing.

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