A possibilidade de penhora sobre a remuneração do executado na ótica do superior tribunal de justiça

Abstract

Based on the need to promote efficiency and effectiveness of execution and believing that the pledge of money is the appropriate way for such purposes, we sought to analyze how the Superior Court of Justice faces the pledge of the debtor's remuneration, based on art. . 833, IV, of the Code of Civil Procedure. Because the normative text treats this amount as an unseizable asset, and therefore seeks to analyze the possibilities of judicial restriction of these remuneration types, hence it is important to study the necessary foundations for it to be understood as an unseizable asset, as well as to analyze the reasons for the decision of the STJ to, in some cases, mitigate this guarantee of the executed. Thus, through the inductive approach method, based on concrete cases, allied to the structuralist procedure method, investigating concrete cases to have a general analysis on the subject, it appears that the main decisions of the STJ have respected the legal parameter . However, there are jurisprudential innovations on the subject, considering that, from a pragmatic perspective, there are cases in which the granting of the pledge, with the percentage levied on the remuneration, does not offend the debtor's dignity to the point of placing him in conditions degrading, which honors the effectiveness of the process and adequate protection of material Law