The possibility of seizing social security benefits to pay off procedural debts has always been the subject of heated discussions in the courts, since there is controversy over the unseizability of these benefits intended to support the debtor.
However, in the course of doctrinal and judicial discussions, the majority view has taken a new direction and started to consider the attachment of the retirement pensions of company partners to settle labor debts.
Thus, in view of the recurrence of decisions on the subject, the Incident of Resolution of Repetitive Demands was admitted, provoked by the Regional Labor Court of the 2nd Region, with the aim of standardizing and eliminating possible divergences in judicial decisions.
Recently, within the scope of the TRT of the 2nd Region, the first instance magistrate ordered the execution of 5% of the social security benefit of the partner of a company (the target of the lawsuit), to satisfy a labor claim, which was upheld on appeal.
In another case, following the opinion of the TRT-2, the Superior Labor Court (TST) ruled that part of the income from the social security benefit could be seized, based on article 833, paragraph 2 of the Code of Civil Procedure, which excepted the possibility of seizure for the payment of alimony.
This understanding has also been recurring in the other Regional Courts, thus showing considerable concern for entrepreneurs who are the target of labor lawsuits and receive social security benefits.
Thus, despite the fact that there is no firm thesis on the subject, it is of the utmost importance to pay attention to the order of attachment of the social security benefit mentioned above, in view of the imminent application of the precedent created in other labor lawsuits, resulting in the determination of the attachment of the social security benefit of partners of companies that are in the passive pole of the lawsuits.
To prevent this, it is necessary to have effective legal advice that can avoid similar situations. Our labor team is at your disposal to answer any questions you may have on the subject, as well as to help you devise preventive strategies.
