AVOENGOS FOOD: A LOOK FROM THE PERSPECTIVE OF GRANDPARENTS’ SUBSIDIARY RESPONSIBILITY

Abstract

This article will discuss about grandparents' alimentary obligations and their importance in regards to subsidiary responsibility for providing alimentary support to their grandchildren. Questions arise on how grandparents can become responsible for providing alimentary support to their grandchildren. In this context, an explanatory qualitative research methodology was used, through the analysis of decisions made by the Superior Court Of Justice on the matter, in addition to the use of academic literature. The complementary nature of grandparental alimentary support is reiterated, along with the importance of subsidiary obligations and responsibilities after the change in understanding of family relationships and the concept of family, the legitimacy of change and responsibility for this alimentary support, especially in termsof observation for the dependent one and how the judiciary has validated its decisions. It also discusses the possible consequences in case of non-compliance with the judicial determination for the supply of these foods and how civil imprisonment can be a coercive instrument used by the judiciary to avoid such non-compliance. Furthermore, in this scenario, it is necessary to emphasize that the feeder should be held responsible according to their ability, without paying exorbitant amounts, tracing a duality between necessity and possibility. In this context, specific support is provided by the Federal Constitution of 1988, the Civil Code, and finally the Child and Adolescent Statute and its specifics regarding the support for children and adolescents, in addition to the reinforcement regarding the need for providing basic conditions for these individuals.