TRF-5 annuls property seizure due to lack of personal notification to wife

The 5th Region Federal Regional Court (TRF-5) has annulled the consolidation of property ownership in favor of Caixa Econômica Federal, involving a debt secured by a microenterprise.

In a unanimous decision, the court ruled that the debtor's wife, who also served as a guarantor, should have been personally notified regarding the default. The ruling applied the ‘Protocol for Judgment with a Gender Perspective,’ emphasizing that notifying only the husband was insufficient. The presiding judge, Federal Judge Cibele Benevides, noted that failing to provide individual notification ignores the legal individuality of women and prevents them from exercising rights to preserve family assets.

The property in question serves as both a commercial site and a residence for a family that includes a person with a disability.