CIVIL IMPRISONMENT AS A MEANS OF COERCION IN THE FULFILLMENT OF ALIMONY OBLIGATIONS

Abstract

This study analyzed civil imprisonment as a coercive mechanism for enforcing child support obligations within the Brazilian legal system, taking as its starting point the central role of the right to maintenance as a direct expression of human dignity and the protection of the minimum standard of existence. Initially, the legal nature of the maintenance obligation was examined, including its types, legal foundations, and main characteristics, highlighting its personal, non-waivable nature and its essential role in ensuring the subsistence of the maintenance creditor. Subsequently, civil imprisonment of the maintenance debtor was discussed as an exceptional measure permitted by the Constitution, emphasizing its coercive rather than punitive purpose, as well as the legal limits governing its application. The study also addressed doctrinal and jurisprudential controversies regarding the effectiveness of this measure, noting that, in certain situations, deprivation of liberty proved disproportionate or ineffective, particularly when noncompliance resulted from the debtor’s financial incapacity. Finally, it was concluded that although civil imprisonment has been recognized as a legally valid instrument, its use should occur in a careful and subsidiary manner, prioritizing solutions capable of ensuring compliance with maintenance obligations in a more effective, balanced, and dignity-respecting way for all parties involved.