A labor debt could not be settled due to a lack of assets. The union (the claimant), after identifying the company’s partners, then requested the attachment of the rental income from a property owned by one of the partners. The request was rejected by the court of first instance, but an appeal was filed.
The 14th Panel of the Regional Labor Court (TRT) of the 2nd Region granted the interlocutory appeal in enforcement proceedings. In the judgment, reported by Judge Davi Furtado Meirelles, it was emphasized that the matter did not concern “the attachment of the property, but of the income derived from it,” and that such a possibility is supported by Article 834 of the new Code of Civil Procedure: “in the absence of other assets, the fruits and income of non-transferable assets may be attached.”
Thus, the judges of that panel granted the interlocutory appeal in enforcement proceedings and ordered the attachment of the monthly rents, with service by a court officer for the tenant to deposit them into a court account until the debt is settled. (source: Secom/TRT-2)
← Back to blog