As limitações da execução do devedor de alimentos indenizatórios: a (in) aplicabilidade da prisão civil

Abstract

The main focus of the work is on the study of the limitations of the execution of the debtor of indemnification foods, more specifically an approach on the existing positions that prohibit or defend the use of civil prison as a coercive means in the civil enforcement area. The aim is to decant the permissive and prohibitive factors and their limitations of action, about a coercive prison use for payment of fooddebts "ex delicto". All the elements that surround the creation of the current conception of food obligation, its reverberations and development along the constitutional and infraconstitutional provisions that were and still are in force in Brazil will be analyzed, in addition to principled confrontations that nourish the core of Brazilian law in questioning this (im)possibility. It contributes in order to catalyze the normative study of situations of hyposufficiency in the relationships of dietary obligations arising from illicit acts, first having a study that may have application and beneficial future results, based on this hypothesis, will be crystalline all the benefits that can be achieved through this study, thus elaborating a more fair and equitable social development. This monograph is based on explanatory bibliographic research, which are those that are based on the distinction of phenomena, causes and their motivations, studying them and cataloguing results bibliographically, besides making an interpretative analysis of the fruits through quantitative and qualitative meaning. It seeks to justify the present work, by encouraging discussions and reflections within the legal system, especially with regard to the civil spectrum of family relations, obligations and execution, that is, because the approach to work encompasses a fundamental right. Thus, after a principleof what bases the issues related to the execution of the debtor of indemnification foods and its historical evolution within the Brazilian social, constitutional and infraconstitutional sphere, different themes will be deterred that demonstrate the aforementioned questions, among them, the benefits and normative possibilities that surround the theme. Finally, it can be insgiven that the possibility of arresting the debtor of indemnity, before the current conjecture would be a normative modernization that would come to shock with vettive interpretative precepts, being an effective element for the discharge of these obligations "ex delicto".