A instituição do patrimônio de afetação no Brasil e sua aplicação pelo poder judiciário em face dos conflitos imobiliários

Abstract

This article discusses the origin and importance of Asset Assets for the security of real estate relationships, as well as the effectiveness of the effect regime in the bankruptcy and judicial recovery scenarios of the developer. The research method used is the hypothetical deductive, in view of the formulation of hypotheses with the objective of verifying the effectiveness and applicability of the affected assets in the face of complex situations and conflicting judicial decisions, which can interfere in this patrimonial protection. Thus, the effectiveness of the affected assets was verified in the scenarios of judicial reorganization and bankruptcy of the developer, as well as the applicability of the allocation regime to real estate development contracts. Finally, it was emphasized that despite the protection given by the assets of affectation, there are judicial decisions that prove that the referred institute does not constitute a guarantee of absolute protection for purchasers and creditors.