COMPENSATORY ALIMONY IN BRAZIL AS A MEANS OF PRESERVING ECONOMIC BALANCE BETWEEN EX-SPOUSES AND EX-PARENTS

Abstract

This research focuses on the institution of compensatory alimony in Brazil, with the objective of preserving the economic balance between ex-spouses and ex-partners due to the breakdown of the marital bond or stable union. Considering this premise, the question is: how have compensatory alimony payments been applied in Brazil as an instrument of preserving the economic balance between ex-spouses and ex-partners? Therefore, this research intends, with the general objective, to analyze the institution of compensatory alimony in Brazil as a means of preserving the economic balance between ex-spouses and ex-partners. Following this link, through the specific objectives, we will seek to understand the concept of the institution of alimony in general terms in Family Law; to analyze the concept, purpose and nature of compensatory alimony, as well as the criteria for its establishment; to contextualize the difference between alimony and compensatory alimony in Brazil; and to analyze how case law has applied compensatory alimony in light of Brazilian alimony legislation. To this end, the methodology to be used is bibliographical and documentary, through a qualitative approach, based on books, scientific articles, legislation, legal doctrines, monographs and dissertations, in addition to case law relevant to the topic. Based on this research, it is expected to contribute to demonstrating the relevance of compensatory alimony in Brazil, with the effectiveness of its application that aims to preserve the economic balance between former spouses and former partners, as well as the need to create specific legislation. It was also observed that there is a Bill in progress that seeks to define the characterization and implementation of compensatory alimony in Brazil with its respective concession requirements.