A possibilidade de aplicação da prisão civil do inadimplente com a obrigação alimentar na execução de todas as prestações vencidas.

Abstract

This monograph is themed to the applicability of the civil prison in default with the maintenance obligation in the implementation of all overdue installments. The problem that this work aims to solve concerns the fact of whether it is "fair and legal" the application of the civil prison of the food supply debtor regarding only the three installments due prior to the execution filing. It is presented as a hypothesis to the applicability of this medium enforceable, which is the civil prison of maintenance debtor in the implementation of all overdue installments, including calls preterit debts. The aim of this paper is to show that civil debtor's prison, which is the most effective and expeditious means of food execution, should be used in respect of all overdue installments of the maintenance obligation. Specific goals also show that, particularly in the implementation of food due to minors should use civil debtor's prison as enforceable through the maintenance obligation; show that Precedent 309 of the Superior Court of Justice was not happy to restrict the use of civil imprisonment only for the three previous installments overdue food execution; make clear that food does not lose the current debt of character with the passage of time and explain that it takes to run food debts does not mean that food is not necessary. For this, it adopted the deductive method of approach. The nature, research is applied and how to research approach is qualitative. Regarding the general object, the research is explanatory. It adopts to literature - documentary, as the technical procedure of direct and indirect treatment of sources, from the techniques of documentary collection and content analysis. Structurally the monograph is divided into three chapters. The first chapter deals with the right of the minor has to be supported affective and materially, originally for his family and in the absence thereof, by the state. The second chapter covers the main characteristics of foods, from its conceptualization, assumptions, species and characteristics. To end, in the third chapter considerations were made on the civil prison and enforceable through the debtor of food supplies and the possibility of their use in the execution of the entire food debt.