A (im) penhorabilidade do salário do sócio devedor no âmbito da execução trabalhista

Abstract

The present work seeks to deepen the research on the possibility of taking an amount from a company owner’s wage as garnishment to satisfy an unpaid debt arising from that employment relationship, especially since there is a constitutional guarantee of wage protection even so there are exceptions brought by civil procedural legislation that allow garnishment, subsidiarily applicable to the labor law procedure, presenting an overview about the institutes, concepts and parties involved and analyzing the legal history, basis and limits of applicability to the labor law procedure considering that even though the exception that allows partial garnishment of wage was originally established to satisfy alimony, it may apply to unpaid labor credit, as well as examining the doctrinaire and jurisprudential dissonances about the applicability of partial attachment of the company owner's wage as garnishment to fulfill labor law credit and investigating the principles of procedural labor law especially primacy of the labor creditor, means less onerous to the executed and the social purpose and social effectiveness of the process.