Exceções à impenhorabilidade das verbas salariais: uma análise à luz da jurisprudência do STJ

Abstract

This paper aims to analyze the untenability of food sum provided in art. 833, IV of the CPC, as well as its exceptions described in §2º of the same provision, in addition to the formulation by the Superior Court of Justice, of an implicit exception to this legal protection, provided that the attached amount does not affect the dignity of the executed, since, often, the creditors see their hands tied in front of the impossibility of finding, in the debtor's patrimony, assets capable of satisfying the debt. The relevance of this research lies in the possibility of the ordinary courts applying the exception formulated by the STJ to specific cases, based on the analysis of each situation. The article was written based on a literature review, as well as on the analysis of the STJ case law, especially the decision handed down in EREsp 1.582.475/MG. The conclusion was that the rule must be made more flexible, with the requirement that the Court set parameters so that the magistrates of the ordinary courts can make an appropriate decision based on the circumstances of the case.