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The Superior Court of Justice (STJ) presents a new view on wage garnishment. Find out how this new decision will be put into practice!
The STJ introduced a new view on wage garnishment. Before this recent change, people who earned less than 50 minimum wages or paid alimony were not subject to garnishment of their income.
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However, circumstances have now changed. This change may impact many workers, making it essential to understand these changes in greater depth.
However, even if the law provides for wage garnishment, it must safeguard the rights of workers and their families, preserving sufficient income to maintain their livelihood.
Understand what has changed now
Garnishment is now relative and depends on each situation. Therefore, if you are in debt, your salary may be garnished, at the discretion of the judge handling your case.
Thus, each case is unique and, if the judge decides that you have the financial capacity to make part of your salary available to pay the debt, this may happen.
Therefore, this new guidance seeks a balance between payment to the creditor and the debtor’s ability to continue with their life normally.
Will salary garnishment apply to all debts?
It will depend on the amount of the debt and the total salary. For example, in April of this year, the STJ ruled on a case in which the debtor owed R$ 100 thousand and earned a salary of R$ 8.5 thousand.
However, in that situation, the STJ rejected the request to garnish 30% of the salary. Nevertheless, in another case decided in April, the STJ allowed 10% of the debtor’s salary to be garnished.
The decision was made because the amount would not affect the debtor’s dignity. Therefore, from now on, everything will depend on each debtor’s living conditions.
Read also: FGTS new withdrawal of up to R$ 3 thousand
