Decisão Monocrática N° 07506062420208070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 05-02-2021
Juiz | FERNANDO HABIBE |
Data | 05 Fevereiro 2021 |
Número do processo | 07506062420208070000 |
Órgão | 4ª Turma Cível |
PODER JUDICIÁRIO DA UNIÃO TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS AGRAVO DE INSTRUMENTO (202) 0750606-24.2020.8.07.0000 AGRAVANTE: VANESSA DAVID ROCHA AGRAVADO: ILIMANE OLIVEIRA FONSECA DECISÃO 1. A exequente agrava da decisão da 2ª Vara Cível de Brasília (id 75682566 ? autos principais) que, ante a natureza salarial da verba, indeferiu pedido de penhora de 30% dos rendimentos do agravado para pagamento de débito decorrente de extinção de condomínio para a efetivação da partilha dos bens do ex-casal. Defende, em resumo, a possibilidade de penhora de 30% ou, alternativamente, 20% dos rendimentos, tendo em vista a teoria da penhorabilidade mitigada. Requer a concessão da penhora de 30% sobre os rendimentos do executado. 2. As verbas de natureza salarial, entre elas os vencimentos/remunerações são impenhoráveis, conforme CPC 833, IV, excepcionada a penhora para pagamento de prestação alimentícia e do valor excedente a 50 salários mínimos mensais (CPC 833, § 2º), o que não é o caso dos autos. Portanto, é inadmissível a penhora, mesmo que limitada a um determinado percentual. A propósito, colaciono jurisprudência...
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