Novas regras de Penhorabilidade - Penhora de Salário - Penhora da Casa - Projeto do Código Civil

Article 833 of the Code of Civil Procedure (CPC) states: Art. 833. The following are unattachable: I - inalienable assets and those declared, by voluntary act, not subject to execution; II - furniture, belongings, and household utilities furnishing the debtor's residence, except those of high value or those that exceed the common needs corresponding to an average standard of living; III - clothing, as well as personal belongings of the debtor, except if of high value; IV - wages, allowances, salaries, wages, retirement benefits, pensions, annuities, and pensions, as well as amounts received through the generosity of third parties and intended for the support of the debtor and his or her family, earnings of self-employed workers, and fees of independent professionals, except as provided in § 2; V - books, machines, tools, utensils, instruments, or other movable property necessary or useful for the execution of the defendant's profession; VI - life insurance; VII - materials needed for ongoing construction, unless these are seized; VIII - small rural properties, as defined by law, provided they are worked by the family; IX - public funds received by private institutions for compulsory investment in education, health, or social assistance; X - the amount deposited in a savings account, up to the limit of 40 (forty) minimum wages; XI - public funds from the party fund received by a political party, as provided by law; XII - credits arising from the sale of real estate units, under a real estate development regime, linked to the execution of the construction. § 1. The non-attachability of the debt is not enforceable against the execution of a debt related to the property itself, including that incurred for its acquisition. § 2. The provisions of items IV and X of the caput do not apply to the case of attachment for payment of alimony, regardless of its origin, nor to amounts exceeding 50 (fifty) monthly minimum wages. Such attachment must comply with the provisions of Article 528, § 8, and Article 529, § 3. § 3. The non-attachability provided for in Item V of the caput includes agricultural equipment, implements, and machinery belonging to an individual or individual rural production company, except when such assets have been the subject of financing and are pledged as collateral for a legal transaction, or when they are responsible for alimony, labor, or social security debts. Article 391 of the current Civil Code states: Article 391. All the debtor's assets are liable for non-fulfillment of obligations. The New Civil Code Bill amends the wording of Article 391 and includes Article 391-A: Article 391. All of the debtor's assets are liable for non-attachment in the event of non-compliance with obligations. Article 391-A. The minimum subsistence assets of an individual, family, and business are absolutely intangible by the creditor's execution. § 1. The following are considered minimum assets, secured by non-attachable assets: a) the home where the debtor and his or her family live, if it is the only one in his or her assets; b) the rural unit, the only one in the debtor's assets, where he or she lives and produces with his or her family; c) the headquarters of a small business, secured by assets that procedural law considers non-attachable, if it coincides with the sole place of residence of the debtor or his or her family; d) the minimum wage, received in any capacity; However, there is no express repeal of Article 833 of the CPC, so it will be up to the Judiciary to define which criterion to use. I suggest watching: When the Debtor Has No Assets - Strategic Tips - RDCTV Interview 11 10 21    • Quando o Devedor Não Tem Bens - Dicas Estr...   How to Collect from a Bankrupt Debtor - DRIVER'S LICENSE BLOCKING and SALARY ATTACHMENT - Case Law    • Como Cobrar do Devedor Insolvente - BLOQUE...   Civil Insolvency - When the Debtor Has No Assets    • Insolvência Civil - Quando o Devedor Não t...   Debtor Who Does Not Indicate the Location of Seizable Assets - Enforcement Action - Violent Act    • Devedor que Não Indica a Localização dos B...   Guilheme Collin OAB/RS 48.682 Phones: 51 32281219 / 51 999857991 #debtorhasnoassets #civilinsolvency #debtcollection #civilcodereform #art391-A #unseizability #driver'slicensesuspension #debtenforcement