STJ Authorizes Salary Garnishment for Non-Alimony Debts

A recent decision by the Special Court of the Superior Court of Justice (STJ) has just changed how salaries can be garnished to settle non-alimony debts. The topic gained national prominence because the measure directly affects those with incomes below 50 minimum wages.

What Changed in Salary Unseizability

Until now, Article 833, IV, of the Civil Procedure Code (CPC) protected salaries, wages, and retirement benefits from any garnishment, except for alimony debts or amounts exceeding 50 minimum wages. The STJ, when ruling on Repetitive Theme 1.230, recognized that this protection can be exceptionally mitigated for common debts, such as credit cards, loans, and financing.

Requirements for Salary Garnishment

For the garnishment to be authorized, the creditor must prove the exhaustion of other enforcement means, such as searching for movable assets, real estate, or financial investments. Furthermore, garnishment can only be applied if it does not compromise the dignified subsistence of the debtor and their family, with the debtor bearing the burden of proving the impossibility.

How Judges Should Apply the Criterion

The binding thesis requires each judge to analyze the case individually, observing proportionality. In practice, decisions typically limit the deduction to between 10% and 30% of net income, according to the debtor's economic capacity.

Consequences for Debtors and Creditors

With the new interpretation, debts that previously only resulted in negative credit registry entries can now be settled through direct payroll deductions. On the other hand, those with salaries below 50 minimum wages no longer have absolute protection and must present proof of essential expenses to contest or reduce the garnishment.

Impact on Judicial Proceedings

The decision was made under the repetitive appeals procedure, making it binding for all judges and courts nationwide. Thus, the requirement to demonstrate the impossibility of other means and the protection of the existential minimum become mandatory requirements throughout the national territory.

With information from Migalhas, DeFato Online.