Banca de DEFESA: Julia Vitoria Scartezini da Silva

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Julia Vitoria Scartezini da Silva
DATE: 27/01/2023
TIME: 10:00
LOCAL: : https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ZTFiMzg3MzAtNDM3NS00ODVkLTkzOGItOTY2MzNhYWI3
TITLE:

"EXTENSION OF FIDUCIARY SALE OF IMMOVABLE PROPERTY AND ITS COMPATIBILITY WITH THE DOGMATIC BASES OF BRAZILIAN CIVIL LAW".

KEY WORDS:

Fiduciary sale; Guarantee; Civil Law.

PAGES: 121
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Fiduciary sale is a guarantee that is widely used in the Brazilian legal system. It is a typically Brazilian principle, whose roots were inspired by elements of fiduciary trust and trust. This was implemented in Brazil in 1965, restricted to chattels and, more than 30 years later, it was improved and extended to real estate. It represents a property-guarantee, and its essence is characterized by the discrepancy between the end, intended by the parties, and the means used to achieve it. Because it is operationalized via the transfer of property rights, consequences resulting from aspects related to the figure of the owner may be undesirable to a simple creditor. Such aspects last as long as the guarantee lasts. In 2020, Provisional Measure no. 992/2020 made it possible for a single property to be offered as a guarantee for more than one debt, configuring the phenomenon that was called "shared fiduciary sale". This Provisional Measure expired that same year, and no legislative decree was issued to regulate the legal deals agreed upon in the meantime. In 2021, Bill No. 4,188/2021 proposed this sharing, which technically was called "extension of the fiduciary sale". This type of extended guarantee had already been in effect in Brazil and may come into force again with the referred Bill. However, it is necessary to analyze, pursuant to dogmatic bases, whether the extension of the fiduciary sale in guarantee is compatible with Brazilian Civil Law, in order not to transform a guarantee that is simple, secure, swift and effective into a model that may be incompatible with the structure of the fiduciary sale. Based on the nature and dogmatics of fiduciary ownership, the general objective of this work is to analyze the compatibility of the changes arising from the extension of fiduciary sale in guarantee with the dogmatic bases of Civil Law. This study is specifically aimed at identifying the conceptual and structural foundations of the fiduciary sale principle; verifying how they are characterized in the current legislation that regulates it and in the texts of Provisional Measure no. 992/2020 and in the proposal of Bill no. 4,188/2021. The conclusion was that the adoption of the extension of the fiduciary sale, as proposed, goes against the dogmatic bases of Civil Law, and may lead to the loss of the basic characteristics of the fiduciary sale in guarantee principle.

BANKING MEMBERS:
Externo à Instituição - RAFAEL PETEFFI DA SILVA - UFSC
Externo à Instituição - GUILHERME HENRIQUE LIMA REINIG - UFSC
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Externo à Instituição - OTAVIO LUIZ RODRIGUES JUNIOR - USP