PATRIOTA, R. C.; PATRIOTA, Rinaldo Carlos.
Resumo:
The chosen project of research was elect for the interest in solving so common cases in
our cootidiano, that is, not obstante our satisfactory legislation and to be over all
interested in protecting the right of the those most fragile ones in the dispute. For
inumeras times meet decisions inocuas for our magistrates on the efficient resolution of
the obligation. But through the field research, analysis of the concrete cases,
jurisprudence that persist in crowding the civeis poles of family, and that if it can
understand as i f arrive at a setting joust of the pension, that satisfies both the sides. Also
one uses of doctrines and opinions of gabaritados authors beyond, is obvious of the
pertinent legislation on the subject, that certifies the legal security of the resolution of
the sentanca of the food obligation. The gotten results are shown in the chapters
developed in the project, demonstrating which parameters frequent the operators of the
right use and which its real applications in the modern world. What i f it understands on
fed person who pays alimony and it is presented in didactic way so that that one that
makes use of such research all understands the process of the action, its historical
beddings, that is, everything that it needed to face, the right, in its primordios where if it
encorporou and ideas and longincuos concepts of our current reality, as well as what it
was changedded ahead of the time stops in arriving them esmiucado in the current civil
codes. What it is understood on foods, not only its restricted concept, but also very
beyond this, a time that is the execution of the basic necessities and also of the not basic
said ones as: leisure, trips, clothes, etc. Are studied lesser and bigger that still depend on
the aid of the obligation kept for the person who pays alimony, its exceptions and
possibility of execution, inequacao, therefore not only the part can be burdened that
withholds the obligation, overloading it with expenditures impossible to be fulfilled.
Another sufficiently controversial factor of the study is the civil arrest of the debtor for
this not to effect the execution of the payment of the obligation of feeding, was argued,
if such institute comes to operate the favor or to act in negative way in the effectiveness
of the installment is placed as being a sanction, but as many doutrinadores place it as
writ of prevention and corrective for that it disregards its conviction. With all conteutdo
debated in objective way case for parameters for setting of the value expects that those
that to make use of would materiam it in question find a light empiracamente to base its
doubts how much to the subject, in this. The obligation in itself is not argued, i f he is
legitimate, but yes its application in the direction to place security and justice in its
value not being harmed and conserving previous the social standards the separation of
the parts.
