By this ordinance the Office of the Attorney General of the National Treasury had amended “PGFN” Ordinance No. 396/16 which regulates administrative or judicial measures aimed at collecting the Union’s Active Debt, better known as the “Differentiated Credit Collection Regime”.
The aforementioned ordinance had altered several procedures, such as the assumption of compliance with the request for suspension of tax foreclosures, with a consolidated value equal to or less than one million Reais and the possibility of the Attorney National Treasury to request the attachment of a private pension plan and other assets of the executed through the “BACENJUD” system, or other assets through the “RENAJUD” system, provided that a summons has been served, even if by notice, and such procedure may be adopted when redirecting the tax execution to a debtor not originally included in the Certificate of Active Debt.
It is important to register the attachment of a private pension plan violates article 833, item IV, of the Code of Civil Procedure, since it establishes that are inalienable: salaries, allowances, retirement benefits, pensions and others.
It is important to note that Superior Justice Court (“Superior Tribunal de Justiça – STJ”) has already positioned itself considering inalienable any amount invested in financial applications less than forty minimum wages.