Decisão Monocrática N° 07045916020218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 22-02-2021
Juiz | SÉRGIO ROCHA |
Data | 22 Fevereiro 2021 |
Número do processo | 07045916020218070000 |
Órgão | 4ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete do Des. Sérgio Rocha Número do processo: 0704591-60.2021.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) AGRAVANTE: INSTITUTO GLOBAL DE EDUCACAO FUNDAMENTAL LTDA - EPP AGRAVADO: NORMA APARECIDA BORGES DA SILVA DECISÃO INDEFERIMENTO DE EFEITO SUSPENSIVO Trata-se de agravo de instrumento contra decisão que, em cumprimento de sentença, indeferiu o pedido de penhora de 30% do salário da executada/agravada para pagamento de dívida de contrato de prestação de serviços educacionais. A agravante alega, em síntese, que: 1) diversas diligências já foram realizadas, desde 2017, na tentativa de localizar bens penhoráveis da devedora, sem sucesso; 2) a executada é servidora da Secretaria de Educação e tem salário bruto de R$ 5.176,05; 3) a penhora de 30% do salário não viola o art. 833, inciso IV, do CPC/2015 e resguarda a dignidade da devedora. Requer o sobrestamento do feito e, no mérito, seja deferida a penhora de 30% do salário da agravada. Sem razão, inicialmente, a agravante. Não vislumbro a probabilidade de provimento do presente agravo de instrumento, ao menos nesta sede de cognição sumária, uma vez que a lei veda a penhora salarial, salvo nas hipóteses por ela excepcionadas, não sendo esse o caso dos autos, e os recentes precedentes do Col. STJ em sentido contrário não têm natureza vinculante. Nesse sentido...
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