Redefinition of fiduciary alienation: the auction investor as an agent of legal and social solutions

Abstract

Objective: To analyze the role of the auction purchaser in fiduciary alienation procedures involving real estate, proposing a redefinition of their function as an agent of legal, economic, and social solutions in the context of real estate default and the growth of extrajudicial auctions in Brazil.

Method: This study adopts a qualitative legal-economic approach based on normative, documentary, and bibliographic analysis. The research examines the legal regime of fiduciary alienation under Law No. 9.514/1997, the amendments introduced by Law No. 14.711/2023, specialized doctrine, and recent empirical data on the expansion of extrajudicial auctions and property repossessions by financial institutions.

Results: The findings indicate that the auction purchaser is not the cause of the debtor’s patrimonial loss but an essential element in closing the default cycle, restoring creditor liquidity, and reintegrating the asset into the formal market. The analysis demonstrates that extrajudicial auctions constitute an efficient mechanism for enforcing guarantees and maintaining economic balance in the real estate credit system, as well as an instrument for fulfilling the social function of property. It is also observed that investors, including public servants, can act ethically and responsibly, contributing to urban revitalization and economic sustainability.

Conclusion: It is concluded that redefining the role of the auction purchaser allows extrajudicial auctions to be understood as institutions of a reparative nature rather than merely expropriatory mechanisms, reinforcing their legal and social relevance. Recognizing the auction purchaser as an agent of solution contributes to overcoming social stigmas and strengthening responsible and legally secure investment practices.