The Labor Justice of São Paulo upheld a first-instance decision that considered private pension plans non-attachable because they are equivalent to wages, pensions and retirement benefits.
The 6th Panel of the Labor Court of the 2nd Region understood that an analysis of article 833, item IV, of the New Code of Civil Procedure authorizes the conclusion that the pension balances “have a clear character of subsistence of the debtor and of his family, even if in the future”, as reported by Appellate Judge Sergio Junqueira Machado.
A private pension plan was to be attached to pay a debt
The claim was filed by a worker in 2015 against the former clothing manufacturer for which she provided services. As no assets were found to satisfy the debt, the creditor requested the issuance of official letters for the location of capitalization bonds, financial investments and pension plans in the name of the partners, with the attachment of the latter asset being immediately denied by the 62nd Labor Court of São Paulo, due to its “absolute non-attachability”. The only ones identified were PGBL-type assets of one of the partners.
Upon judging the worker’s appeal, the 9th Panel emphasized the alimentary character of the balances of private pension plans and the infeasibility of the block, also citing a ruling of the Superior Court of Justice to state that these amounts must receive the same treatment as wages, pensions and retirement benefits because they are covered by the non-attachability of article 649, item IV, of the Civil Code of 1973.
Read also
A non-attachability clause does not prevent the disposal of a donated asset
Source: TRT2 São Paulo
← Back to blog