THE EXEMPTION FROM SEIZURE OF INCOME AND OF MINIMUM ASSETS IN LIGHT OF THE CASE-LAW OF THE SUPERIOR COURT OF JUSTICE

Abstract

The execution phase of the syncretic process, as well as enforcement actions, constitute one of the major bottlenecks faced by the Brazilian justice system. The reasons for the delay in concluding such procedures stem from many factors, but in the context of the execution of a specific sum, they are commonly linked to the difficulty of identifying attachable assets. Sometimes, the blocking of amounts occurs, followed by their release due to the application of exemption hypotheses. Therefore, this study aims to analyze the application of income and minimum assets exemption hypotheses, in order to identify if there is any expectation of speeding up the execution process and consequently making the Brazilian judicial system more effective. For this purpose, an analysis of the case-law of the Superior Court of Justice was carried out, which guides the application of procedural law in local courts. It was found that the legal exemption hypotheses contained in items IV and X of Article 833 of the Code of Civil Procedure are not considered absolute, but relative, so there is room to demonstrate that, in specific cases, they do not apply, optimizing executions - that is,
allowing the conversion of the block into seizure and subsequent expropriation measures.