Insolvência, reclusão prisional e dignidade: os limites da apreensão de bens para um trio (im)provável

Abstract

The debate around establishing maximum and minimum limits for the seizure of assets in the domain of Insolvency Law is ongoing, considering the need to reconcile the satisfaction of creditors with the repercussions felt by the debtor, particularly the imperative of maintaining a minimum level of dignity in their lifestyle.

It is true that the situation changes when the insolvent individual also assumes the position of a prison inmate. The simultaneous situation of insolvency while being incarcerated is not an uncommon eventuality. In fact, it is often the situation of imprisonment itself that causes a decrease in income, which drives the declaration of insolvency.

In this case, however, it is the State that ensures the minimum necessary conditions for a life with dignity for prison inmates, which triggers the need to draw clear boundaries on asset seizures, treating the singularity of these cases with the necessary distinction.

This research aims to provide a detailed analysis of the uniqueness of the described situations, humbly seeking to contribute to the development of a fair and, above all, equitable regime regarding the application of Insolvency Law to prison inmates, and thus, propose solutions that allow for a fair balance between the position of the insolvent individuals and their creditors.