Decisão Monocrática N° 07092588920218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 08-04-2021
Juiz | SÉRGIO ROCHA |
Número do processo | 07092588920218070000 |
Data | 08 Abril 2021 |
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: 0709258-89.2021.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) AGRAVANTE: RIVANILDO GOMES DE ARAUJO AGRAVADO: CARLOS RIBEIRO LIMA DECISÃO DEFERIMENTO DE EFEITO SUSPENSIVO Trata-se de agravo de instrumento contra decisão que, em cumprimento provisório de sentença, deferiu a penhora de 10% dos rendimentos líquidos do executado/agravante junto à Polícia Civil do DF até que se alcance o montante de R$ 372.560,35. O agravante alega, em síntese, que o salário é impenhorável. Requer a suspensão da decisão agravada e, no mérito, a desconstituição da penhora. Com razão, inicialmente, o agravante. 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. Nesse sentido: ?(...) 1. O art. 833, inciso IV, do CPC, dispõe, expressamente, que os vencimentos, subsídios, soldos, salários, remunerações, proventos de aposentadoria, pensões, pecúlios e montepios; as quantias recebidas por liberalidade de terceiro e destinadas ao sustento do devedor e sua família, os ganhos de trabalhador autônomo e os honorários de profissional liberal são...
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