STJ decides which salary can be pledged to pay debts

The Special Court of the Superior Court of Justice (STJ) decided that, in exceptional cases, it is possible to seize wages to pay debts. The trial of the issue was held on Wednesday (19). According to the understanding signed by the court, the attachment may be determined by the Justice when other means to charge the debtor have not obtained results. In addition, the economic impact on personal finances should also be assessed. The collegiate followed the vote of the rapporteur, Minister João Otávio de Noronha, for whom the unseizability of the salary should follow as a rule, however, each case of debt collection must be analyzed individually to ensure payment and the dignity of the debtor. The res judicata involves a creditor who owes R$ 110,000 and receives a salary of R$ 8,500. The first time the issue was analyzed by the STJ, the Fourth Panel denied the attachment of 30% of the earnings on the understanding that the law that prevents the attachment to settle debts of up to 50 minimum wages should be followed.

Agência Brasil