The Superior Court of Justice and the protection of the family asset: judicial activism or preservation of minimum heritage?
DOI:
https://doi.org/10.46901/revistadadpu.i12.p247-271Keywords:
Homestead, Judicial Activism, Minimum AssetsAbstract
The purpose of this article is to discuss the modalities of Family Good, admitted in the Brazilian legal system, either through the legal or jurisprudential way. The investigation starts from a historical bias, starting from the premises that the principles of the dignity of the human person and the minimum patrimony, recognized, above all by Luiz Edson Fachin, are recognized in the organization itself. The article presents a brief analysis of the position of the STJ Judges, in order to know if, in cases of decisions related to the Family Welfare, this court had an activist stance or preservation of the minimum patrimony. The research adopted the methodology of bibliographic review to raise the state of the art, as well as the jurisprudential review to evaluate how the courts decide, concluding about the existence or not of judicial activism.
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