The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

1
Alexandra de Oliveira da Silva
Alexandra de Oliveira da Silva

Send Message

To: Author

GJHSS Volume 24 Issue A2

Article Fingerprint

ReserarchID

MLR2I

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property Banner
  • English
  • Afrikaans
  • Albanian
  • Amharic
  • Arabic
  • Armenian
  • Azerbaijani
  • Basque
  • Belarusian
  • Bengali
  • Bosnian
  • Bulgarian
  • Catalan
  • Cebuano
  • Chichewa
  • Chinese (Simplified)
  • Chinese (Traditional)
  • Corsican
  • Croatian
  • Czech
  • Danish
  • Dutch
  • Esperanto
  • Estonian
  • Filipino
  • Finnish
  • French
  • Frisian
  • Galician
  • Georgian
  • German
  • Greek
  • Gujarati
  • Haitian Creole
  • Hausa
  • Hawaiian
  • Hebrew
  • Hindi
  • Hmong
  • Hungarian
  • Icelandic
  • Igbo
  • Indonesian
  • Irish
  • Italian
  • Japanese
  • Javanese
  • Kannada
  • Kazakh
  • Khmer
  • Korean
  • Kurdish (Kurmanji)
  • Kyrgyz
  • Lao
  • Latin
  • Latvian
  • Lithuanian
  • Luxembourgish
  • Macedonian
  • Malagasy
  • Malay
  • Malayalam
  • Maltese
  • Maori
  • Marathi
  • Mongolian
  • Myanmar (Burmese)
  • Nepali
  • Norwegian
  • Pashto
  • Persian
  • Polish
  • Portuguese
  • Punjabi
  • Romanian
  • Russian
  • Samoan
  • Scots Gaelic
  • Serbian
  • Sesotho
  • Shona
  • Sindhi
  • Sinhala
  • Slovak
  • Slovenian
  • Somali
  • Spanish
  • Sundanese
  • Swahili
  • Swedish
  • Tajik
  • Tamil
  • Telugu
  • Thai
  • Turkish
  • Ukrainian
  • Urdu
  • Uzbek
  • Vietnamese
  • Welsh
  • Xhosa
  • Yiddish
  • Yoruba
  • Zulu

Summery-The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor’s property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

Alexandra de Oliveira da Silva. 2026. \u201cThe Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property\u201d. Global Journal of Human-Social Science - A: Arts & Humanities GJHSS-A Volume 24 (GJHSS Volume 24 Issue A2): .

Download Citation

Alt text: Academic research on bail risks in Brazil from the perspective of the Brazilian Supreme Court.
Issue Cover
GJHSS Volume 24 Issue A2
Pg. 35- 49
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

Keywords
Classification
Not Found
Version of record

v1.2

Issue date

June 8, 2024

Language

English

Experiance in AR

The methods for personal identification and authentication are no exception.

Read in 3D

The methods for personal identification and authentication are no exception.

Article Matrices
Total Views: 1038
Total Downloads: 19
2026 Trends
Research Identity (RIN)
Related Research

Published Article

Summery-The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor’s property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

Our website is actively being updated, and changes may occur frequently. Please clear your browser cache if needed. For feedback or error reporting, please email [email protected]
×

This Page is Under Development

We are currently updating this article page for a better experience.

Request Access

Please fill out the form below to request access to this research paper. Your request will be reviewed by the editorial or author team.
X

Quote and Order Details

Contact Person

Invoice Address

Notes or Comments

This is the heading

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

High-quality academic research articles on global topics and journals.

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

Alexandra de Oliveira da Silva
Alexandra de Oliveira da Silva

Research Journals