Trabalho de Conclusão de Curso de Graduação
Prisão civil do devedor de alimentos e a incongruência entre lei especial e código de processo civil, no que se refere aos prazos de cumprimento
Autor
Marques, Cristiano Santos
Institución
Resumen
Family law is within the civil law and also the Brazilian legal system, an extremely important link in order to solve the covenants that are within the family. Among the many issues addressed by this part of the law, we have the matter relating to child support, which in the implementation phase do to aliment delinquencies, one of the executive ways carries with it the penalty of civil imprisonment as a sanction for nonpayment of the maintenance obligation. Since this kind of prison is, in general, prohibited by our Constitution, constitutes here an exception within our legal system, brought by Article 5, paragraph LXVII of the Constitution by inserting the provisions of the Pact of San José Costa Rica. Thus, this paper presents a detailed study of this kind of imprisonment, since it is a rather peculiar institute, showing doctrinal understandings that agree with the measure because they believe that the range of food is the main point to be protected as well as others who disagree, since freedom is also a fundamental right. In connection with civil prison, the effectiveness will be highlighted that this legal standard has the jurisdictional scope and efficiency when applied to specific cases. On another point, entering in a specific subject and not least sui generis, constant at the Institute of civil imprisonment for aliment debt, discussed the fulfillment of the civil prison terms contained in our legislation, as they present different periods of incarceration at this point MT will be analyzed such devices, namely, Article 733, §1.º the Civil Procedure Code and Article 19 of Law 5,478 / 68 (Aliment Law). In addition to the analysis, shows-divergent doctrinal positions, always explaining the current majority, where fitted. Finally, the jurisprudence research is carried out in order to present a form of how the application of these terms in our legal system.