CIVIL PRISON OF THE FOOD DEBTOR

Abstract

The civil arrest of a maintenance debtor is a complex and sensitive topic and may vary according to the legislation of each country. In the case of Brazil, civil arrest is a measure that can be taken against a child support debtor. Arrest is generally used as a last resort when all other attempts to secure child support payments have failed. It is important to highlight that the main focus of civil arrest in child support cases is to guarantee the well-being of the child and ensure that he or she receives adequate financial support in accordance with court orders. Given this scenario, the present study aimed to discuss the civil arrest of the food debtor and the effectiveness of the measure to curb default. In the methodological field, this research was based on a bibliographical review, based on selected scientific studies and jurisprudence, whose time frame was between 2018 and 2023 found in databases such as Scielo and Google Scholar. In the results, in the legal field, civil imprisonment is standardized in section LXVII of art. 5th of the Federal Constitution, making it possible to arrest the debtor in cases of food debts. Regarding the fixed value, it is defined based on the binomial necessity-possibility, considering the elements of the specific case and the observation of common experience. Furthermore, there is the possibility of compliance being carried out at the debtor's home, only in cases of public calamity, as occurred during the Covid-19 period.