Uma análise jurisprudencial e doutrinária acerca da impenhorabilidade de salário e suas exceções

Abstract

Attachment is a procedural instrument which seeks to satisfy the creditor in a possible execution of an extrajudicial executive title or through the enforcement of a judgment, by seizing the debtor's assets, credits and/or values corresponding to the object of the action. Attachment is governed by articles 831 and 869 of the Code of Civil Procedure (Law 13.105/2015). Article 833 of the Code deserves to be highlighted, as it deals with unseizable assets, with a focus on item IV and §2, while it positively makes the salary and remuneration of any debtor unseizable, with the exception of seizure for maintenance purposes, as well as amounts exceeding 50 (fifty) minimum monthly salaries, with the relativization of this unseizability being the cut to be debated, doctrinally and jurisprudentially, due to the food character of salary amounts.