Uma abordagem sobre os alimentos compensatórios para ex-cônjuges e ex-companheiros em face da ausência de previsão legal no ordenamento jurídico

Abstract

The institute of compensatory foods makes up the Family Law created by the doctrine and accepted by the jurisprudence. Therefore, this monograph has aimed to analyze the compensatory pension, in order to expose a better understanding and knowledge of the subject. He explained about the granting of compensatory allowances to ex spouses and ex-companions, after the end of a conjugal or convivial relationship. Although it has already acquired a certain level of mention in some specific materials and doctrines of Brazilian family law, the subject has not yet reached pacification and unanimity, nor did it receive a due legal provision in the legal order of the country, proving to be a controversial subject of extreme importance, essentially because it aims to regulate and bring solutions to the confrontations that result from the duty to rebalance a pattern of life previously experienced by the parties. The right to compensatory foodstuffs owed to ex-spouses or ex-companions was studied in order to preserve the economic-financial balance after the dissolution of marriage or stable union. Thus, the reflections began by dealing with the family institute and its theoretical models, the principles, the institute of marriage and its duties among consorts. Then it was shown that a structured family might also come to ruin and be dissolved, which would generate bonds after union rupture. Afterwards, it dealt specifically with the so called compensatory foods, clarifying questions that demand answers for lack of legal prediction, but not managing to exhaust the subject. In the end, the expected result was obtained by demonstrating that this compensatory pension is, as a rule, temporary, aimed at maintaining or reestablishing the economic pattern that existed during the couple's union, however, the concrete case may recommend its life cycle. It was also verified that there is a Draft Law that will define the characterization of these foods and the necessary requirements for their concession.