ANÁLISE ACERCA DOS PROCEDIMENTOS EXECUTÓRIOS DA OBRIGAÇÃO DE PRESTAR ALIMENTOS
DOI:
https://doi.org/10.61164/rmnm.v13i1.1916Keywords:
obrigações, alimentos, cumprimento de sentença, execução, prisão civilAbstract
It is a well-known fact that the Brazilian legal system presents institutes that aim to guarantee the effectiveness of acquired legal ties, regardless of whether they are judicial or extrajudicial. This article will present some of these institutes, effectively addressing the procedures for complying with the sentence and the autonomous execution process, which apply within the scope of obligations of a maintenance nature and which aim to provide due fulfillment of this obligatory relationship. The primary objective, from which the perspectives of this work arise, is to demonstrate the means and applicability of enforcement mechanisms, present in the civil procedural norm, which seek to facilitate the satisfaction of the obligation to provide maintenance. To this end, the Concept and main parameters relating to the scope of obligations will be addressed, the procedures relevant to the sentence compliance phase that recognizes the enforceability of the obligation to provide food, and the autonomous execution process, in order to deal with the main rites provided for in the legislation, hypotheses where they apply, and the sanctions foreseen for non-compliance. Aiming, in short, to analyze all the details that permeate these enforcement institutes. The methodology addressed in this work comes from the survey and analysis of bibliographic data obtained from the analysis of doctrinal texts, articles and periodicals, also covering the main jurisprudence and current legislation.
Downloads
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Revista Multidisciplinar do Nordeste Mineiro
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Authors who publish in this journal agree to the following terms:
Authors retain copyright and grant the journal the right of first publication, with the work simultaneously licensed under the Creative Commons Attribution License, which permits the sharing of the work with proper acknowledgment of authorship and initial publication in this journal;
Authors are authorized to enter into separate, additional agreements for the non-exclusive distribution of the version of the work published in this journal (e.g., posting in an institutional repository or publishing it as a book chapter), provided that authorship and initial publication in this journal are properly acknowledged, and that the work is adapted to the template of the respective repository;
Authors are permitted and encouraged to post and distribute their work online (e.g., in institutional repositories or on their personal websites) at any point before or during the editorial process, as this may lead to productive exchanges and increase the impact and citation of the published work (see The Effect of Open Access);
Authors are responsible for correctly providing their personal information, including name, keywords, abstracts, and other relevant data, thereby defining how they wish to be cited. The journal’s editorial board is not responsible for any errors or inconsistencies in these records.
PRIVACY POLICY
The names and email addresses provided to this journal will be used exclusively for the purposes of this publication and will not be made available for any other purpose or to third parties.
Note: All content of the work is the sole responsibility of the author and the advisor.
