Decisão Monocrática N° 07397965320218070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 17-12-2021
Juiz | SÉRGIO ROCHA |
Número do processo | 07397965320218070000 |
Data | 17 Dezembro 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: 0739796-53.2021.8.07.0000 Classe judicial: AGRAVO DE INSTRUMENTO (202) AGRAVANTE: ELIANA MARIA DE FREITAS AGRAVADO: FRANCISCO SOARES DE OLIVEIRA DECISÃO INDEFERIMENTO DE EFEITO SUSPENSIVO Trata-se de agravo de instrumento contra decisão que, em cumprimento de sentença (R$ 163.689,98), indeferiu o pedido de penhora de 30% do salário do executado/agravado. A agravante alega, em síntese, que: 1) a penhora de 30% do salário do agravado preserva o mínimo existencial e tem sido admitida mesmo em se tratando de débitos não alimentares; 2) o agravado tem um comércio (farmácia), que apesar de não estar no nome dele, lhe rende bons frutos. Requer a suspensão da decisão agravada e, no mérito, seja deferida a penhora salarial. 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...
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