Brazil's STJ allows alimony provisions for unemployment

The Superior Tribunal de Justiça (STJ) has ruled that judges may include provisions in alimony sentences to establish specific payment amounts based on a percentage of the minimum wage in the event of unemployment or informal work.

The Third Chamber of the STJ unanimously overturned a decision by the Santa Catarina Court of Justice (TJSC), which had previously argued that setting alimony based on a future, uncertain event was legally impermissible. The rapporteur, Minister Nancy Andrighi, clarified that such a provision does not constitute a decision conditioned on an uncertain event, but rather a decision of "variable efficacy."

This ruling aims to ensure the effectiveness of child support and protects the interests of minors by preventing the need for new judicial processes every time a payer's professional status changes. In the specific case reviewed, the court reinstated a sentence setting support at 20% of the payer's income while employed, rising to 54% of the minimum wage during periods of unemployment or informal employment.