Superior Tribunal de Justiça authorizes salary garnishment for non-alimony debts

The Special Court of the Superior Tribunal de Justiça (STJ) has ruled that salaries can be garnished to pay non-alimony debts, even for individuals earning less than 50 minimum wages per month. This decision, established under Theme 1.230, provides an exception to Article 833 of the Code of Civil Procedure, which generally protects remuneration and retirement benefits from seizure.

The court determined that this measure should be applied exceptionally when other collection methods are deemed unfeasible. To authorize such a garnishment, it must be proven that no other execution means can effectively guarantee the debt's payment. Furthermore, the court emphasized that the financial seizure must not compromise the dignified subsistence of the debtor and their family. The burden of proof lies with the debtor to demonstrate that the measure would jeopardize their livelihood.