Inadimplência de obrigação alimentícia e medidas atípicas na execução civil.

Abstract

What are the consequences of using atypical measures in civil enforcement of food? The present research tried to investigate the relations between the Brazilian civil execution with the named general enforcement clause provided for in art. 139, IV of the Brazilian Civil Procedure Code (Law 13.1052015), trying to test hypotheses such as (1st) if the typical coercive measures such as civil imprisonment and the notary's protest of the maintenance decision are insufficient to safeguard the performance of food obligations. ; (2) if atypical measures of restriction of rights such as suspension of the right to drive, suspension of passport and restriction of use of the social network are less burdensome than civil imprisonment, and also (3) if a particular atypical measure cannot be prohibited a priori. The research methodology used in this work to test the hypotheses was dogmatic, as it is the one that best suits the research problem, based on the performance of a critical analysis of the principles of civil execution, such as the least costly as opposed to the greater effectiveness, still going through the problems found in each of the typical executive measures. It was also analyzed what contributions the unnamed measures can bring to the realization of debtor and creditor rights. The results found partially confirmed the first hypothesis, confirmed the second hypothesis since in the context of execution of maintenance the typical measure of civil prison in closed regime can be more severe than the rights restrictions listed throughout the work and denied the third hypothesis because the impediment to carrying out a contest is disproportionate.