THE IMMUNITY FROM SEIZURE OF SMALL RURAL PROPERTY: BURDEN OF PROOF AND THE LEGAL-SOCIAL IMPLICATIONS OF THE STJ THEME 1.234 FOR THE EXECUTIVE PROCESS OF AGRICULTURAL DEBTS

Abstract

ABSTRACT: This article addresses the immunity from seizure of small rural property from the perspective of the 1988 Federal Constitution, with an emphasis on the analysis of the judgment of Special Appeal nº 2.080.023 by the Superior Court of Justice (STJ). The constitutional protection of this asset is grounded in article 5, subsection XXVI, of the Constitution, reinforced by infra-constitutional provisions such as article 833, subsection VIII, of the Code of Civil Procedure. Under Theme 1.234, the STJ established, with binding effect, that the burden of proving the family-based utilization of the property lies with the debtor, consolidating a jurisprudential understanding. The decision highlights the importance of rural property as a means of subsistence and aligns with the constitutional rationale of protecting human dignity and the right to work. It will be concluded that the thesis established by the STJ harmonizes the protection of small rural property with the interests of creditors, promoting legal certainty and balance in the procedural system.