In the corporate and real estate environment, mortgage or housing-financing credit often relies on fiduciary alienation as collateral. This instrument, regulated by the Lei 9.514/1997 and the Brazilian Civil Code, establishes that the property — although pledged as guarantee — remains, by default, in the direct possession of the fiduciary debtor until eventual default. Recently, however, a legal controversy has stirred uncertainty in the market: can a property encumbered by f