Relativização da impenhorabilidade de verba remuneratória em observância à efetividade da tutela jurisdicional

• Autor(a) principal: Silva, Camila de Souza
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5753
• topic: Relativização; Penhora; Efetividade; Tutela jurisdicional

This monographic work has as general objective to analyze the possibility of relativization of the impenhorabilidad of the remuneration sum in observance to the effectiveness of the judicial protection. For that, the exploratory method was used for the research objectives, the qualitative method for the approach to the problem and the bibliographic method as the procedure used for the data collection. The present work seeks to verify if it is possible to relativize the rule of the impenhorabilidad of remuneratory pay in observance to the effectiveness of the judicial protection, having as a result the possibility of attachment of percentage of the salary / remuneration of the debtor, before the precedent created by the Superior Court of Justice, provided that the fundamental rights of the creditor and the debtor are respected in order to protect their dignity. The minimum necessary for the subsistence of the debtor and his family, but also the right of the creditor to satisfy his claim, should be preserved. It is concluded that, although there is much to be discussed with regard to the effective attachment of a certain percentage of the salary, there is the possibility of this, provided that the fundamental legal principles are observed and analyzed the concrete case, verifying the perceived value monthly and the basic needs of the debtor in order to plan the blocking of a percentage of the salary to satisfy the lender's claim.