Penhora on line de saldo remanescente em conta salário como instrumento de efetividade da tutela jurisdicional nas execuções civis

Abstract

The online distress pay account balances presented as skillful means to ensure effective judicial protection, softening the crisis of implementation observed in the Brazilian Justice. Considering the restriction imposed by the rule of unseizability salary amounts, on the grounds of protecting the human dignity of the run, said judicial constraint ceases to be applied in numerous cases. This study, through literature and jurisprudence, which seeks to clarify values resulting from salary amounts, often lose the character food assuming the judicial constraint electronics as a means of satisfying the petitioner's fundamental right to effective judicial protection. It will be argued in this context, the flexibility of unseizability wage, against the need to ensure a guardianship timely, adequate and effective to the lender, as well as to safeguard human dignity that is inherent in it also. Lens also demonstrate that the attachment online deposits and investments should be sedimented, as set through executive speedy and economical. Finally, comments on the § 3º of art. 469 and sole paragraph of art. 650 vetoed the bill on procedural reform of 2006, which provided for the possibility of partial garnishment of wages.