A RESPONSABILIDADE CIVIL DO ALIENANTE EM CONTRATOS DE GAVETA O papel da má-fé no negócio jurídico e os mecanismos de proteção ao credor na alienação informal de bens imóveis.

Abstract

This undergraduate thesis is justified by the current relevance of the theme and the urgent need to analyze the legal uncertainty surrounding informal real estate transactions in Brazil. The purchaser's vulnerability often arises from the lack of public registration in so-called "pocket contracts" (contratos de gaveta) and the seller's bad faith in omitting encumbrances or alienating the property to third parties. Thus, it is essential to study the main aspects related to civil liability arising from these practices. This work aims to contribute to the debate on the protection of the good-faith creditor, offering reflections on legal mechanisms capable of mitigating losses and ensuring damages recovery. The analysis is conducted through specific objectives. The first objective intends to analyze the foundations of civil liability and the legal validity of informal transactions between the parties. The second objective aims to characterize bad faith and the violation of ancillary duties of conduct, such as loyalty and information. The third objective aims to identify creditor protection instruments, analyzing the application of fraud against creditors and the Paulian Action as means to annul fraudulent transactions and return the asset to the debtor's estate. The research is bibliographic and followed the hypothetical-deductive method.