A discussão acerca da estabilidade jurídica diante da relativização da impenhorabilidade de salário

Abstract

Regarding the enforcement proceedings, it is essential to highlight the importance of the principle of unseizability, provided for in Article 833 of the Brazilian Code of Civil Procedure, which lists various assets deemed unseizable and, therefore, exempt from attachment for the satisfaction of the enforceable debt. In this context, the focus of this study is specifically on item IV and § 2º of Article 833, which establish the prohibition against the seizure of wages and other assets of an alimentary nature. The study thoroughly examines the relativization of unseizability, considering the flexibility of the aforementioned provision and the need to safeguard legal stability in light of the impact that such relativization has had on the judiciary. The research is conducted under the lens of fundamental and constitutional principles, such as human dignity, the existential minimum, and the effectiveness of enforcement, aiming to harmonize the rights of creditors and debtors. Additionally, the work explores the positions of predominant legal doctrine and case law, highlighting the necessary criteria for a balanced and judicious application. Finally, it concludes that while the relativization of unseizability is necessary in exceptional cases, it must be approached with caution, taking into account the specifics of each case and the boundaries imposed by the preservation of fundamental rights.