Legal Intelligence
Brazil's STJ sets exceptional conditions for attaching earnings in non-support debt cases
In Theme 1,230, Brazil's Superior Court of Justice allowed exceptional attachment of earnings for non-support debts when other enforcement measures are unavailable and dignified subsistence is preserved.
This is LAFAEFF's editorial summary in English of Portuguese-language STJ sources. It is not an official court translation.
In a repetitive appeal, the Special Court of Brazil's Superior Court of Justice (STJ) set conditions in Theme 1,230 for an exceptional departure from the general protection against attaching earnings to enforce a non-support debt. The possibility does not depend on the amount of earnings, but other enforcement measures capable of satisfying the debt must have proved unavailable.
An attachment must not undermine the dignified subsistence of the debtor and their family. The debtor bears the burden of proving such an impact, while the judge must assess its effect on the facts of the case.
This summary draws on the STJ's official notice and judgment. The repetitive holding does not authorize automatic attachment of all earnings; its conditions must be assessed in each case.