FOOD PENSION AND THE LEGAL POSSIBILITY OF VALUES REVIEW

Abstract

The right to food is intended to guarantee minor children their subsistence after the breakup of the parents' marital relationship, obliging the non-custodial parent to pay a monthly provision intended to meet the needs of the food children, an obligation of parents that does not end with the separation. This is a value fixed when separating according to the conditions of the time. It turns out that over time, conditions will naturally change, which is why there are constant requests to change the determined value, whether due to the needs of the children or the financial incapacity of the parent responsible for paying it. In Brazil, as it does not form res judicata, what was foreseen in the food sentence can be reviewed at any time, as long as there is a change in the situation experienced by the parties involved. Regulated by the Civil Code, the maintenance review action is an appropriate action for these cases, with the request being granted upon proof of a change in the applicant's financial situation. That said, this bibliographical and exploratory research, prepared according to the deductive method, analyzes the food review action as an instrument to guarantee the minor's access to the food provided to the child's condition.