The Labor Court of São Paulo authorized the inclusion of the wife of a partner being sued in a labor execution proceeding. The decision, issued by the 17th Panel of the Regional Labor Court of the 2nd Region, recognized the existence of a close financial link between the couple, highlighting that both carried out their financial transactions through the same bank account.
According to the Court, this dynamic demonstrated that the spouse directly benefited from the income earned by the debtor. Upon examination of the case file, it was found that the debtor's salary was regularly deposited into his wife's account—a practice confirmed by her in another proceeding—with the aim of avoiding judicial seizures resulting from pre-existing labor debts.
According to the judges, this behavior demonstrated a clear intention to protect family assets and hinder the satisfaction of the worker's claim.
Given this context, the panel concluded that including the wife in the enforcement proceedings was an essential measure to prevent the formation of undue asset protection. The rapporteur emphasized that the marital property cannot serve as a shield for assets derived from the economic activity that generated the debt. Thus, the spouse became part of the passive side of the enforcement proceedings, conferring greater effectiveness to the fulfillment of the labor court decision.
