THE RELATIVIZATION OF THE UNENFORCEABILITY OF WAGES AND THE GUARANTEE OF THE EXISTENTIAL MINIMUM

Abstract

The present article aims to study the relaxation of the rule of non-seizability of salary funds, in order to reach a portion of the debtor's income to satisfy non-food-related credit, and furthermore, to ensure the creditor's receipt of the debt, based on the examination of the institutes and general aspects provided for in Law No. 13,105 of March 16, 2015. It was deemed important to analyze the normative treatment which, guided by the principle of the minimum existential, preserves what is sufficient to guarantee the delinquent debtor and their family a dignified subsistence. Employing a legally grounded approach encompassing doctrines and methodologies, coupled with the interpretation of regulations, review of bibliographical sources, and analysis of judicial decisions, the subject matter at hand was delimited through the identification of stances favorable to the possibility of attaching up to 30% (thirty percent) of salary-related funds, aiming to fulfill the credit intention, considering that 70% (seventy percent) of the remuneration, in principle, is adequate to meet fundamental needs