THE (IM)POSSIBILITY OF CIVIL PRISON FOR DEBT OF COMPENSATIONAL FOOD

Abstract

This work examines the (im)possibility of civil imprisonment for compensatory alimony debtors in cases of default, as discussed in jurisprudence and doctrine. Based on the Federal Constitution of 1988, which establishes food as a fundamental right in Article 6, the study addresses civil liability and alimony obligations. Alimony obligations, regulated by the Civil Code of 2002, are essential for human survival, being transferable, divisible, conditional, reciprocal, and mutable, and their establishment requires the analysis of the necessity-possibility binomial. The work explores who should provide and who is entitled to receive alimony, including obligations resulting from illicit acts, known as compensatory alimony. Civil imprisonment, a coercive means for the execution of alimony sentences, generates controversy when applied to compensatory alimony. Although the Procedural Law and the Constitution do not specify the types of unpaid alimony that justify imprisonment, jurisprudence and doctrine generally avoid applying the same procedure used for family alimony. Bill No. 438/2022, pending in the National Congress, addresses the possibility of civil imprisonment for compensatory alimony debts, sparking debates among scholars about its feasibility. Thus, the research seeks to answer whether it is feasible to impose civil imprisonment on a defaulting compensatory alimony debtor.