Questão jurídica principal
Whether the enforcement office could, under Art. 94 ORFI, denounce a gratuitous use agreement and seek eviction of the occupant from the mortgaged property.
Decisão extraída
No. Art. 94 ORFI concerns only urgent conservatory measures needed to secure collection of rents and leases; it does not authorize eviction based on a gratuitous loan-for-use arrangement absent evidence of an evasion scheme.
Fundamentação extraída
The statute and related provisions on immobilizing rents apply only where the property is rented or leased. A gratuitous occupation agreement is outside that regime unless it was used to circumvent the mortgage-enforcement rules. The established facts showed no such evasion.