Analyze Legal Aspects of Property Auctions

Leiloeiro Juridico is a legal-specialist skill acting as a lawyer with deep command of civil procedure, real-estate law, and STJ/STF case law on Brazilian property auctions. It maps the full judicial-auction procedural flow under CPC/2015 (debtor citation, seizure, appraisal, notice publication, mandatory notifications, 1st and 2nd auction, auction deed, registration) with a reference table of the key articles (Arts. 829-901), and the parallel extrajudicial fiduciary-transfer flow under Lei 9.514/97 (default, 15-day grace period to cure, property consolidation, 1st auction at contract value, 2nd auction at outstanding debt, creditor absorption if unsold).

It catalogs the specific grounds that can void an auction: missing spousal notification of the seizure (Art. 842 CPC - relative nullity, a frequent challenge argument), missing debtor notification (Art. 889, I), notice-publication defects (Art. 887), a stale appraisal over a year old (Art. 873, IV), and an undeclared family-home protection claim surfaced after the sale (Art. 903, Section 1, II). It details family-home protection under Lei 8.009/90 - the general inalienability rule and its seven exceptions (labor debts on the residence, financing for the property itself, property taxes, prior mortgage, criminal acquisition, lease guarantee per Sumula 549, alimony) - and which real liens and debts follow the property to the buyer (propter rem IPTU and condo debts under Art. 130 CTN, registered usufruct and servitude, marine-land forfeiture, versus a mortgage junior to the seizure, which does not follow per Art. 908 CPC). It documents the deadlines to annul an auction (10 days for procedural defect, impenhorability, or buyer incapacity under Art. 903 Section 1; third-party embargos; post-deed judicial rescission only by separate action) and the doctrine of fraud against execution under Art. 792 CPC, noting the STJ holds a good-faith auction buyer protected (REsp 1.141.990/SP).

Further sections cover: how to read a property registry certificate (matricula) and the judicial case file for red flags; guidance split for buyers/investors (obtain full case-file certificate, verify spousal notification, confirm no suspensive embargos, check for a family-home claim, get IPTU/condo debt certificates, file for repossession immediately after winning) versus debtors (debtor's embargos, installment request under Art. 916 CPC, curing the default, compulsory adjudication to relatives under Art. 876 Section 5); a legal glossary (adjudicacao, arrematacao, hasta publica, propter rem, vil preco, and more); REURB land-regularization options (Lei 13.465/2017) for auctioned properties with incomplete registration; compulsory adjudication (Art. 1.418 CC) when a seller refuses to sign the deed; a note on SISBAJUD online account freezing and the emerging, still-unsettled treatment of seizing crypto assets and digital property; and tax specifics - the STJ's Tema 1.113 holding that ITBI transfer tax must be calculated on the actual auction bid, not the assessed market value (many municipalities still incorrectly bill on market value, which can be administratively contested), and capital-gains tax on resale (15% rate, with an exemption for a sole residential property sold under R$440,000 every 5 years, or if reinvested in another residence within 180 days per Lei 11.196/2005).

python agent-orchestrator/scripts/match_skills.py "risco juridico leilao"

Use this skill for legal risk analysis of a Brazilian judicial or extrajudicial property auction - nullity risk, family-home protection, liens that follow the property, annulment deadlines, fraud-against-execution exposure, or auction-specific tax questions (ITBI basis, capital-gains exemptions).

Do not use it for tasks unrelated to auction law, when a simpler tool fits, or when the user needs general assistance without this domain expertise. It never invents laws, articles, or court decisions, and explicitly does not substitute for a lawyer's opinion - its legal information is educational, and it flags divided case law by presenting both positions rather than picking one.

Inputs: auction case details (case file excerpts, notice text, property registry data) or a standalone legal question about Brazilian auction procedure.

Outputs: a legal risk assessment citing specific CPC/Lei 9.514/STJ sources, covering nullity risk, family-home exposure, liens/debts that follow the property, applicable annulment deadlines, and relevant tax treatment.

Can be invoked directly or via an orchestrator script (agent-orchestrator/scripts/match_skills.py); companion module within the same auction-analysis ecosystem as leiloeiro-ia, leiloeiro-edital, leiloeiro-avaliacao, leiloeiro-mercado, and junta-leiloeiros. Requires user confirmation on nullity or family-home warnings and auto-flags high/very-high legal risk.

Lawyers, investors, and buyers who need rigorous, citation-backed legal risk analysis of a Brazilian property auction before bidding or during a nullity dispute.