1/10/2024
Minister Raul Araújo, of the Superior Court of Justice, ruled that it is possible to attach the supplementary retirement benefit of a defendant who receives less than 40 minimum wages per month.
This decision follows the guidance of the Special Court, which relaxed the rule of the unsuitability of salary funds, if the measure does not harm the debtor’s dignified subsistence, regardless of the nature of the debt or the amount received.
The court of origin instance authorized the attachment of 30% of the debtor’s annuity, applying the percentage to the net monthly income. In addition, it recognized the unsuitability of amounts from private pensions that did not exceed 40 minimum wages, based on an extensive interpretation of article 833, X, of the CPC.
The bank, in an appeal to the STJ, argued that it should be possible to attach a portion of the debtor’s supplementary pension income, arguing that this would not jeopardize her livelihood.
In analyzing the case, the minister said that the Special Court had already allowed the rule of unsuitability of salaries to be relaxed in a previous decision, allowing seizure even when the debtor earns up to 50 minimum wages, as long as there are no other viable forms of execution and as long as the impact on the dignified subsistence of the debtor and his family is assessed.
In the present case, the minister identified a contradiction between the judgment appealed against and the Court’s understanding, and therefore considered it necessary to uphold the special appeal.
He noted that the court of origin recognized the exceptional nature of the mitigation of wage garnishment, pointing out that “there is no proof that the garnishment of the private pension plan would harm the livelihood of the debtor and her family“. However, he denied the seizure of the retirement benefits, claiming that the monthly amount was less than 40 minimum wages.
Thus, the judge granted the special appeal (REsp 2.081.855), ordering the attachment of the defendant’s supplementary retirement benefit in a percentage to be established by the court of origin, to preserve the dignity of the party and her family.
