A (im)penhorabilidade do auxílio emergêncial

Abstract

The Covid-19 pandemic has become the greatest health crisis of the century, changing social behavior across the globe, affecting sectors such as the economy. In order to guarantee the preservation of fundamental guarantees, the Brazilian legislature instituted a benefit of continuous provision called emergency aid (Law No. 13.982 / 2020), the funds resulting from this, serve to maintain the existential minimum for thousands of unemployed. In turn, the Judiciary had to consider new issues, to protect the values ​​of the benefit. In this sense, the CNJ, understanding the importance of the theme, issued resolution 318/2020 which recommended that magistrates watch over the amounts received as emergency aid, equating them with the food allowances provided for in art. 833, IV and X, of CPC / 2015. The non-enforceability of the aid maintained the dignity of the executed person guaranteeing his right to a minimum equity, however, these funds were also subject to the exception of §2 of art. 833 CPC / 2015, thus being able to be pledged for the payment of food debt. In line with the CNJ's recommendation, homeland courts have consolidated the case law, determining the attachment of the aid exclusively for food debts, proportionally guaranteeing the minimum existential of the executor and the executed.