The possibility of enforcement through attachment in wage in enforcement procedures of non-alimentary decree

Abstract

The purpose of the seizure in any civil matter is to ensure that there is satisfaction of the applicant regarding a credit already recognized in court. According to Art. 789 of our Code of Civil Procedure "The debtor responds with all his present and future assets to fulfill his obligations, except for the restrictions established by law". Among these restrictions regarding the attachment is the salary expressly provided for in Art. 833, item IV of the same Code of Civil Procedure, except for payment of maintenance payments. This leads us to the main problem of the article: Is it possible to seize wages in civil enforcement proceedings of a non-food nature? Such legislative divergence causes great confusion in the Brazilian legal system, since the salary is considered the minimum essential for the dignity of a human being, in this way the present work has the objective of showing the possibilities for that question may or may not be addressed. happen in a dispute, dealing in a general overview with the most divergent issues regarding the legislation, such as principles, historical evolution, execution, attachment and possibilities, thus showing that the law is extremely complex because one must take into account all the historical, doctrinal and legislative part for a difficult and complex single and standard decision on a topic as relevant as the possibility of garnishment of salary amounts in civil execution processes. Using the deductive method, it is concluded that it is possible to seize wage funds in enforcement proceedings whose credit is not of a food nature, provided that the parameters established by the STJ are respected, that the percentage pledged allows the maintenance of the debtor's dignity and his family.