THE CONSTRUCTION OF COMPENSATORY ALIMONY IN BRAZIL IN THE LIGHT OF FOREIGN LAW

Abstract

This article analyzes the institutes of economic compensation designed to mitigate patrimonial imbalances arising from the dissolution of marital and cohabitation bonds, using foreign experiences as a reference to shed light on the Brazilian debate. Although the Brazilian legal system does not yet provide for compensatory alimony, the ongoing proposal to reform the Civil Code includes its positivization, which makes the discussion on its nature, prerequisites, and quantification criteria particularly timely. The study adopts a comparative law methodology, with a qualitative approach based on bibliographic and jurisprudential review. It examines legislation, doctrine, and landmark decisions from the Supreme Courts of Spain, Mexico, and Argentina, countries that have already consolidated compensatory mechanisms. The analysis reveals that, while these jurisdictions share the common purpose of correcting economic disparities from a gender perspective, they structure distinct solutions, ranging from objective to assistential or hybrid models. It is concluded that understanding these experiences provides relevant insights for shaping a Brazilian compensatory alimony framework that is more coherent and effective, capable of promoting greater fairness in family relations.