Insegurança jurídica a partir da penhora de valores inferiores a 40 salários mínimos no tribunal regional da 4º região

Abstract

The research uses the qualitative, descriptive and bibliographic method to deepen the subjective aspects of the data. The core of the object of study is the presence of legal uncertainty resulting from the seizure of legally unseizable values, according to art. 833, X of the CPC. The first chapter is content-based and brings the concept of legal security and attachment, so that it is possible to connect the constitutional principle as a driving force of positivism and understand how the attachment of values occurs. The problem, when developing, presents itself with disrespect for the thesis of the Superior Court of Justice that extends the unattachable of up to 40 minimum wages to the current account. To prove this hypothesis, the study universe uses the analysis of the decisions handed down by the TRF4 in January 2024 and uses as justification the storytelling of a hard case in which the Legal Practice Center acted as representative and I acted as an intern. Finally, the civil procedural defense tools for undue seizure are presented. In the final considerations, it is demonstrated how procedural divergences generate legitimizing consequences, removing the predictability of the judiciary's decisions, which makes credibility in justice from the Law unfeasible