Questão jurídica principal
Whether the attachment authorities had to treat the debtor’s later marriage and child as part of his family under Art. 93 SchKG.
Decisão extraída
Yes. Until the marriage is declared void by the competent civil court, the authorities must regard the wife and child as members of the debtor’s family.
Fundamentação extraída
The complaint in substance sought a declaration that the marriage was void, but the Federal Court lacked competence to decide matrimonial nullity in debt-enforcement review. Pending a civil nullity judgment, the authorities must treat the marriage as valid; the same applies to the child’s legitimacy.