By: Vitor Antony Ferrari, Ivan Kubala

As we have already announced, Extraordinary Appeal 1307334 is currently being processed at the Federal Supreme Court – STF, which discusses the constitutionality of the (non)seizability of the residential property of the guarantor of a lease agreement.

At the time, the trial already had eight votes, all cast on August 12, after which it was suspended with no forecast for when it would resume.

The debate involved two fundamental rights provided for in the Federal Constitution, on the one hand the right to housing, and on the other the free initiative of the tenant and the autonomy of the guarantor's will.

Thus, on March 8th, the trial was resumed by the STF, when it was decided that the property considered to be the guarantor's family asset may be liable for debt arising from the lease agreement, whether commercial or residential, declaring the constitutionality of the seizure of said property and eliminating any distinction between the guarantee provided in the two types of lease.

The prevailing thesis was supported by the vote of 7 ministers, against 4 who disagreed with the winning position.

Thus, the thesis proposed by the Rapporteur Minister Alexandre de Moraes, that “The seizure of family property belonging to a guarantor of a lease agreement, whether residential or commercial, is constitutional”, given its general repercussion, should be applied in all proceedings that are underway on the same subject, that is, the decision has binding effect before all bodies of the Judiciary.