Alternativas de cobrança da pensão alimentícia no caso do devedor de alimentos

Authors

Ricardo Simões Lial

Keywords:

civil imprisonment, alternative means, alimony

Synopsis

This study examines the effectiveness of alternatives for collecting alimony payments in cases
of debtor default, considering both typical and atypical means of enforcement, such as civil
imprisonment and less burdensome alternatives, based on qualitative and documentary
research, the study explores the nature of alimony under Brazilian law, emphasizing the right
to a dignified existence for dependents. With the hypothesis that there are more effective and
proportional measures than civil imprisonment to ensure alimony payments, the study reviews
enforcement methods such as payroll deduction, asset seizure, and other coercive measures,
including license suspension, passport retention, and debt protest. The analysis concludes that,
while civil imprisonment is legally provided for, alternative measures are often more
appropriate for ensuring alimony compliance, without compromising the debtor’s financial
capacity and dignity.

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Published

December 13, 2024