A impenhorabilidade do artigo 833 do Código de Processo Civil e a penhora de salários

Abstract

The purpose of this study is to study and analyze the assets that can not be relinquished in the methods of execution, as determined in article 833 of the New Code of Civil Procedure. It is understood that the principles protecting the fundamental rights of the debtor and the principles that govern the enforcement process, collide when applying a particular article. This is because the article, in its fourth paragraph, second paragraph, establishes an objective limit that does not fit the Brazilian reality, determining that it is only possible to pawn what exceeds fifty minimum wages. However, in the field of effectiveness, this objective limit impairs the principle of effectiveness, which guarantees the satisfaction of the creditor's credit, under the justification of safeguarding the dignity of the debtor. Thus, what this paper seeks to question is exactly whether 50 minimum wages is a necessary amount to guarantee the dignity of the debtor, and whether it is possible to relativize such a rule in the concrete case, in order to solve this conflict of principles.