OLIVEIRA, F. M.; http://lattes.cnpq.br/6653889461266709; OLIVEIRA, Francisco Maylson de.
Resumo:
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.