Salário é impenhorável mesmo em dívida trabalhista
Recursos provenientes de salário são impenhoráveis mesmo em ação trabalhista, reafirmaram os ministros da Subseção 2 Especializada em Dissídios Individuais do Tribunal Superior do Trabalho (SDI-2). Seguindo jurisprudência da corte, eles suspenderam bloqueio de conta salário de uma mulher que responde a duas ações trabalhistas.
Em primeira instância, a 2ª Vara do Trabalho de São Luís havia determinado o bloqueio via BacenJud da conta-salário da mulher. Ela então recorreu ao Tribunal Regional do Trabalho do Maranhão, alegando ofensa a um direito líquido e certo, conforme disposto no artigo 649, inciso IV, do Código de Processo Civil e na Orientação Jurisprudencial 153 da SDI-2 do TST.
O TRT-MA concedeu em parte o pedido da trabalhadora. Restringiu em 30% o bloqueio dos valores recebidos mensalmente a título de salário, por entender pela legalidade da penhora parcial dos proventos. Insatisfeita, a empregada apresentou recurso ordinário à SDI-2 insistindo na impenhorabilidade dos valores recebidos a título de salário. Se amparou nos mesmos argumentos da peça inicial.
Na SDI-2, o relator do...
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