Da legitimidade e eficácia da prisão civil do devedor de alimentos.

Abstract

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.