THE DECISION OF THE INDISPONIBILITY OF THE FAMILY GOOD IN IMPROBITY ACTION AND THE POSSIBILITY OF HIS PAYMENT

Abstract

The objective of this study is to analyze the possibility of decree of unavailability and garnishment of the family property in the public civil action of responsibility for an act of administrative improbity. Through the bibliographic studies and the examination of jurisprudence on the subject, through an understanding of general aspects of procedural institutes, such as the legal protection of family property, the concepts and legal nature of attachment and precautionary measures, the present work carries out a value-weighting judgment between the protection of administrative morality and the right to housing. It is understood that the legal protection of the family property succumbs to the attachment, but only in cases where the property is illegally acquired. Thus, an interpretation based on the principle of proportionality is reached, and understandings that reach the essential core of any of the fundamental principles under discussion are avoided.