Decisão Monocrática N° 07095325320218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 20-08-2021
| Juiz | ROMEU GONZAGA NEIVA |
| Número do processo | 07095325320218070000 |
| Data | 20 Agosto 2021 |
| Órgão | Presidência |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete da Presidência ÓRGÃO: PRESIDÊNCIA CLASSE: RECURSO ESPECIAL (213) PROCESSO: 0709532-53.2021.8.07.0000 RECORRENTE: COMPUTER SERVIÇOS DE INFORMÁTICA EIRELI RECORRIDO: MARIA DO CARMO GOMES NERES DECISÃO I ? Trata-se de recurso especial interposto com fundamento no artigo 105, inciso III, alíneas ?a? e ?c?, da Constituição Federal, contra acórdão proferido pela Sétima Turma Cível deste Tribunal de Justiça, cuja ementa é a seguinte: PROCESSUAL CIVIL. AGRAVO DE INSTRUMENTO. PENHORA. CONTA SALÁRIO. FOLHA DE PAGAMENTO. PRESTAÇÃO NÃO ALIMENTÍCIA. IMPOSSIBILIDADE. 1. Nos termos da legislação de regência, todos os bens de propriedade do devedor, desde que tenham valor econômico estão sujeitos à execução (artigos 789 e 790 do CPC/2015), porém, a lei exclui os considerados absolutamente impenhoráveis (artigos 832 e 833 do CPC/2015). 2. A penhora de percentual do salário/proventos do devedor somente é admitida excepcionalmente para o pagamento de prestação alimentícia, hipótese não verificada no caso em apreço. 3. Agravo de instrumento conhecido e não provido. O recorrente alega violação ao artigo 833, inciso IV, do Código de Processo Civil, defendendo a penhora de 10% (dez por cento) dos vencimentos da recorrida, resguardado o mínimo existencial. No aspecto, apresenta divergência jurisprudencial colacionando julgados do STJ. II ? O recurso é tempestivo, o preparo é regular, as partes são legítimas e está presente o interesse em recorrer. Examinando os pressupostos constitucionais de...
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