STJ Limits Garnishment via BacenJud to 40 Minimum Wages


The Special Court of the Superior Court of Justice (STJ) decided, on February 21, upon analyzing the RESPs 1.660.671 and 1.677.144, that garnishments made via BacenJud are limited to the value of 40 minimum wages. This significant change in the application of online garnishment rules directly impacts the procedures of tax execution against debtors, considering this new precedent in the protection of financial assets of individuals and legal entities.

The focus of the decision was the analysis of the extent of the unseizability of up to 40 minimum wages, as provided in article 833, clause X, of the Civil Procedure Code of 2015 (CPC/15) for accounts beyond the savings account. The STJ’s verdict came after examining a situation where the checking account of a company partner, subject to tax execution, was targeted for garnishment. The ministers concluded that the legal protection intended for the savings account should equally apply to other financial applications and checking accounts, with the aim of preserving the debtor’s existential minimum.

Relevant Aspects of the Decision:

Expansion of Unseizability: The decision marks the expansion of unseizability beyond savings accounts, now including checking accounts and other financial applications, up to the limit of 40 minimum wages.

Constitutional Protection: It reinforces the interpretation that unseizability rules should be understood in the light of the fundamental rights established by the Constitution, ensuring the dignity and subsistence of the debtor.

Modification in the Practice of Online Garnishment: The Sisbajud system, used for carrying out online garnishments, must observe the new understanding, ensuring that the garnishment of values in checking accounts or other applications respects the unseizability limit.

This decision is especially relevant for debtors, as it represents an important milestone in Brazilian jurisprudence, reflecting the Judiciary’s concern in balancing the effectiveness of tax execution with the protection of the fundamental rights of debtors. Through this determination, the STJ not only expands the applicability of unseizability to include checking accounts and other financial applications but also reaffirms the importance of the constitutional principles of dignity and minimal subsistence.


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