A inconstitucionalidade da Lei 9.514/97: Transcendendo a controvérsia da execução extrajudicial

Abstract

In contemporary society, it is often discussed about the Fiduciary Alienation institute, supplanted by Law 9.514/97, given its large-scale use by Financial Institutions for the offer of real estate credit, where naturally one seeks to defend its usefulness, effectiveness and essentiality to the Housing Finance System. On the other hand, this article, through the empirical, doctrinal and jurisprudential research method, has as its primary objective to point out the inconsistencies and unconstitutionalities of the referred Law, with regard to §§ 2 and 5 of art. 27, whose stratospheric damages are caused by the flagrant violation of constitutional provisions and other rules that affect the matter. In this way, this study will seek to transcend the controversy generated as a result of the possible unconstitutionality of the extrajudicial execution of the Fiduciary Alienation, alluding to the inescapability of the jurisdiction, demonstrating that the situation is much more dire than superficially perceived.