GARNISHMENT OF VALUES: THE APPLICABILITY OF THIS SYSTEM IN FACE TO THE CONSTITUTIONAL PRINCIPLE OF THE HUMAN BEING DIGNITY

Abstract

The purpose of this article is to analyze the application of the system Bacen Jud, admitted by the of Brazilian Code of Civil Procedure and the Brazilian Constitution, in order to assure the restriction of values, confronted by the observance of the constitutional principle of human dignity. It aims to explore the increase of technologies which make possible to accelerate the implementation of value restriction, once it is the first procedural guarantee option according to the article 835 of the Brazilian Code of Civil Procedure. On the other hand, although the use of the Bacen Jud system, made by instant communication to banks and cooperatives, is really important, it is a relevant matter the restriction and moderation of this system use, once the indiscriminate use of this system may originate serious interference in the intimacy sphere of a person, when it comes to the dignity of a person and human and fundamental rights. It is also analyzed the article 833 of the Brazilian Code of Civil Procedure, which presents the listof non-earning garnishments, in order to assure a less onerous garnishment in the solution to the conflict. This way, it is intended to demonstrate that technology must be an ally, but it fundamental that the individual and collective rights and guarantees, provided by the Brazilian Constitution and by the Brazilian legislation, are observed.