THE ATTACHMENT OF SALARIES AND PENSIONS IN THE COURT OF JUSTICE OF SANTA CATARINA

A STUDY OF DECISIONS RENDERED IN 2025

Abstract

This study aims to examine the case law of the Court of Justice of Santa Catarina regarding the attachment of salaries and pensions in order to verify the criteria adopted in decision-making. The analysis was conducted using the hypothetical-deductive method and the technique of bibliographic and documentary research in legislation, legal doctrine, and the Court’s jurisprudence on the subject. Through this research, it was observed that the primary criterion used is the debtor’s income, in addition to the proportionality and reasonableness between the attached amount and the outstanding balance. In some judgments, peculiarities of the execution process or the debtor’s personal conditions were also considered. Furthermore, only one legal understanding was found regarding the burden of proof concerning the existence or absence of financial hardship. Thus, it is necessary for the Court to seek the standardization of its case law on the matter and prioritize an indepth analysis of each case, preventing decisions from being generic and mechanical, which may result in conflicting interpretations.