Post by account_disabled on Mar 10, 2024 22:58:22 GMT -7
The st Civil Chamber of the Court of Justice of Mato Grosso determined that the installments relating to loans taken out by a civil servant must not exceed % of the net salary. The state public servant took out three loans from Banco do Brasil and the installments reached almost the entire salary. The appeal was accepted to guarantee the principle of human dignity.
In the trial, the case's rapporteur, judge Orlando Perri, was based on the principle of human dignity. He stressed that the Judiciary could not allow loan discounts to occur at a level capable of causing poverty, depriving the contracting party of the right to life, food, health, leisure and education, for example.
Perri further explained that the fundamental principles Austria Phone Numbers List override the right of financial institutions to have their credit satisfied in the agreed form, guaranteeing the debtor the existential minimum. He also noted that it would be necessary to guarantee the account holder, when taking out loans, enough to support himself and his family, considering that salaries cannot be seized, in accordance with article , IV, of the Code of Civil Procedure (CPC ).
Judge Márcio Vidal, first member, and substitute judge José Mauro Bianchini Fernandes, second member, accepted the thesis that it would be unacceptable to debit the loan installment at a level equivalent to the employee's net remuneration, under penalty of depriving her of the possibility of support.
According to the records, the employee maintains a current account at the aggravated financial institution, where her salaries in the amount of R$ are deposited. After signing two loan contracts, he contracted a new operation (CDC Renovação), with installments worth R$, deducted from his current account. Adding the value of the aforementioned installment with the installments of two other loans, respectively, R$ and R$ , the total value of the discounts resulted in R$ , that is, almost the entire of the appellant's net remuneration.
The employee filed an appeal against the decision that rejected the request to adjust the discounts on loan installments in her current account maintained with the aggrieved financial institution, for % of her salaries. He stated that the installments of the loans debited from his current account would add up to the net value of his remuneration, leaving him with no amount left to support himself. Therefore, he asked for installment discounts to be limited to a maximum of % of his net salary. With information from the TJ-MT Press Offic
In the trial, the case's rapporteur, judge Orlando Perri, was based on the principle of human dignity. He stressed that the Judiciary could not allow loan discounts to occur at a level capable of causing poverty, depriving the contracting party of the right to life, food, health, leisure and education, for example.
Perri further explained that the fundamental principles Austria Phone Numbers List override the right of financial institutions to have their credit satisfied in the agreed form, guaranteeing the debtor the existential minimum. He also noted that it would be necessary to guarantee the account holder, when taking out loans, enough to support himself and his family, considering that salaries cannot be seized, in accordance with article , IV, of the Code of Civil Procedure (CPC ).
Judge Márcio Vidal, first member, and substitute judge José Mauro Bianchini Fernandes, second member, accepted the thesis that it would be unacceptable to debit the loan installment at a level equivalent to the employee's net remuneration, under penalty of depriving her of the possibility of support.
According to the records, the employee maintains a current account at the aggravated financial institution, where her salaries in the amount of R$ are deposited. After signing two loan contracts, he contracted a new operation (CDC Renovação), with installments worth R$, deducted from his current account. Adding the value of the aforementioned installment with the installments of two other loans, respectively, R$ and R$ , the total value of the discounts resulted in R$ , that is, almost the entire of the appellant's net remuneration.
The employee filed an appeal against the decision that rejected the request to adjust the discounts on loan installments in her current account maintained with the aggrieved financial institution, for % of her salaries. He stated that the installments of the loans debited from his current account would add up to the net value of his remuneration, leaving him with no amount left to support himself. Therefore, he asked for installment discounts to be limited to a maximum of % of his net salary. With information from the TJ-MT Press Offic