A flexibilização de impenhorabilidade no processo cível brasileiro: análise do IRDR sobre o tema 1.230 do STJ

Abstract

This paper analyzes the flexibilization of unseizability in Brazilian civil procedural law, focusing on the precedent established by Theme 1,230 of the Superior Court of Justice (STJ), judged in the form of an incident of the resolution of repetitive demands (IRDR). The unseizability of assets, especially the protection of wages, is a constitutional guarantee intended to safeguard the existential minimum and the dignity of the debtor. However, given the need for effective enforcement and satisfaction of credits, the Brazilian legal system provides for hypotheses for relativizing this rule. The research was conducted through a qualitative and exploratory approach, with an analysis of investigations, including special appeals from the STJ, as well as a bibliographic and documentary review. The paper is structured in three main chapters: the first addresses the constitutional and legal protection of wages and the concept of garnishment; the second examines the approaches to wage unseizability in Brazilian law; the third presents a detailed analysis of the IRDR on Theme 1,230, emphasizing the legal foundations, the impacts of the precedent and its practical implications. The results indicate that the flexibilization of unseizability is an exceptional measure that requires a balanced interpretation to preserve the fundamental rights of the debtor while promoting the effectiveness of enforcement. It is concluded that the STJ precedent represents progress in harmonizing between the interests of creditors and debtors, contributing to the development of fair and effective solutions in Brazilian civil procedure.