A prisão civil como medida atípica (in) eficaz para garantir a solvência dos alimentos indenizatórios

Abstract

The current undergraduate thesis addresses the questions towards the possibility of the civil arrest as a atypical measure to be used in cases where there is insolvency in food obligations, focusing in the atypical measure ́s principle fixed in the Civil Process Code. Therefore, there will be a analysis about the breadth concept of food obligations, listing its characteristics, origins and executory measures applicated, entering in the institute of the civil arrest , thus it will address towards the typical measures as the creative activity proposed by the magister looking to fulfill the obligations together there will be a analysis of jurisprudences about the theme looking forward to comprehend the application of the referred measures in the Brazilian legal order and the efficiency of its utilization to fulfill the proposal of its utilization. At last, this undergraduate thesis objectify to evidence the fundamental rights arising from the civil arrest crumbling the respective rights involved, as such the collision itself of these rights using the theory of proportionality looking to promote the weighing of the principles in the case, as such a series of favorable and unfavorable arguments towards the application of the civil arrest as a atypical measure. Therefore, the research that was realized have a exploratory nature as such bibliographic about the fundamental rights that evolves the civil prison, as well the possibility to apply it as atypical measure to be used in cases where there is insolvency in food indemnity obligations.