The 3rd Panel of the “STJ”, by unanimous decision, published on April 2nd, 18 decided that “… characterized by fraud in execution of the sale of the sole property of those executed, in evident abuse of right and bad faith, departs from the norm protective of the good of the family, which cannot coexist, tolerate and reward the performance of debtors in disagreement with the canon of objective good faith. “
Once the fraud in the execution of the property has been recognized, the norm of protection of the property of the family becomes ineffective, and there is no need to speak of “legitimate defense of property“.