Impossibility of wage garnishment: the STJ and the legislative change

Abstract

The present research rests on the institute of wage immobilization. While the CPC of 1973 treated the salary as absolutely unreliable, the CPC of 2015 established that the salary is unreliable and removed the entry “absolutely”. Thus, the understanding that emanates from the doctrine and also from the jurisprudence is due to the possibility of attachment, having as limit the guarantee of dignified evidence for debtors and their family. A research seeks to investigate how this topic was understood by scholars of subjects and what is the interpretation that the STJ (Superior Court of Justice) has given in the specific case. The present study was based on documentary analysis, jurisprudential analysis and bibliographic review, mainly, such as the works of Marcelo Abelha, Misael Montenegro Júnior and Marcus Vinicius Rios Gonçalves, among others. With a research it was possible to verify how the STJ was building its jurisprudential understanding still under the CPC of 1973 and, even now facing a certain threat of retrogression, a research signals that is not possible to cut or modify its understanding, violating all this jurisprudential construction experienced over the years.