Wage unseizability in civil enforcement versus creditor’s right to pay

Abstract

The study aims to analyze the debtor’s wage unseizability in a context of civil enforcement in view of the creditor’s right to payment, in order to analyze both apparently conflicting institutes. At first, it addresses the civil obligation to delivery of certain asset. Next, the enforcement of a judicial decision is examined, with mention of the unseizability of assets, proposing the attachment of the debtor’s wage that is of considerable amount by applying the “theory of subsistence”. Then, the right to human dignity is correlated in the perspective of the right to the existential minimum in the face of property right and the effectiveness of judicial provision, going through the constitutional principle of practical agreement, and eventually proposes the interpretation according to the Constitution of the article 833, IV of the 2015 Brazilian Civil Procedure Code (CPC).