A relativização da impenhorabilidade de salários à luz do princípio da dignidade humana

Abstract

The central purpose of this monograph is to address the relativization of the institute of unseizability in the light of a reasoned judgment, by weighing up the principles of the dignity of the debtor and the effectiveness of execution for the creditor, both guided by the principle of the dignity of the human person. The relevance of the topic is undeniable, since both doctrine and case law have recently dedicated themselves to an interpretation that is more in line with the purposes that guide the institute of unseizability. This paper therefore seeks to establish an in-depth understanding of the principle of human dignity and its direct influence on the enforcement process. In this regard, it highlights the relationship between this principle and the introduction of rules designed to safeguard the dignity of the debtor, notably the rules of unseizability. Consequently, it is analyzed that impenetrability, conceived as a clear intention of the legislator to protect the dignity of the debtor, has, in many situations, strayed from its principle objectives, generating a direct conflict with the effectiveness of the enforcement process, due to the inflexible use of this institute. In this context, this research seeks to explore the interpretations adopted by both doctrine and case law, with the aim of establishing an appropriate balance between the protection of the debtor and the effectiveness of enforcement