VIEIRA SEGUNDO, V. F.; http://lattes.cnpq.br/9912709874855943; VIEIRA SEGUNDO, Valdir Ferreira.
Resumo:
Several relationships are based on everyday situations dependence among individuals, leading
them to establish bonds of liability based on solidarity and assistance obligations. One of
these relations is the result of alimony legitimate obligation arising in relations between
private individuals, relating to the elements of familiarity, and filed by the court that arbitrates
value based on the binomial possibility / necessity. Therefore, because it is an obligation, in
the event of default arises the right to charge for feeding and from there comes the discussion
surrounding this study. This happens because, in the process of implementation, we have the
means of being given the civil prison of the individual who, given the right nurturing and
principles of law, subsists in the Brazilian legal system, despite some criticisms contrary the
adoption of this measure. In this context, this study seeks to analyze the values and norms that
are in apparent conflict, and this mishap, defend the legitimacy and effectiveness of the
measure of civil imprisonment of the debtor. Otherwise, we highlight the fundamental rights
involved in this quarrel, both as feeding the eater, while examining the foundations that enable
today with the measure of executive detention. It is then convenient to use the deductive
method of scientific approach, which combined with the research perpetrated in doctrine and
jurisprudence country will understand the effectiveness of prison civil society in today's
context. Indeed, as has been the procedure monographic methods and comparative building
the legal framework on this phenomenon so contingent on society. Therefore, this study offers
a contribution in support of maintaining the civil prison of eater in disobeying the
maintenance obligation, the Brazilian legal system and amid the discourse of fundamental
rights.