THE EFFECTIVENESS OF CIVIL IMPRISONMENT IN NONCOMPLIANCE WITH ALIMONY OBLIGATIONS AND THE TOCANTINS JURISPRUDENTIAL CONSTRUCTION

Abstract

The present investigative work aims to analyze the effectiveness of the civil imprisonment of the debtor of alimony in light of civil and civil procedural law and fundamental rights and guarantees. Thus, it comprehends alimony both in the context of a civil obligation of the provider as well as in that of a right or fundamental guarantee of the recipient. To achieve the objectives outlined in this research, a systematic literature review was undertaken, encompassing major national legal manuals and doctrines, as well as scientific articles published in high-impact journals both in Brazil and abroad. Thus, the civil imprisonment of the alimony debtor was analyzed in the civil and civil procedural context, taking into account its legal, social, and economic aspects, so that it could ultimately be concluded that in a country with high rates of family fragmentation, the draconian measure, when used as a last resort in the enforcement of alimony, proves to be an effective measure for meeting the needs of the alimentary, with the current legal system lacking a more effective means.