ANÁLISE ACERCA DOS PROCEDIMENTOS EXECUTÓRIOS DA OBRIGAÇÃO DE PRESTAR ALIMENTOS

Abstract

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.