PATRIMONIAL SHIELDING AS AN OBSTACLE TO THE EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT: LIMITS OF CIVIL IMPRISONMENT, ASSET SEIZURE AND ATYPICAL COERCIVE MEASURES UNDER THE 2015 CODE OF CIVIL PROCEDURE

Abstract

Child support obligations constitute a fundamental instrument for ensuring human dignity and guaranteeing the subsistence of the dependent beneficiary. Brazilian law provides enforcement mechanisms aimed at securing the effectiveness of child support claims, including civil imprisonment, judgment enforcement through asset seizure proceedings, and atypical coercive measures established by the 2015 Code of Civil Procedure. However, patrimonial shielding strategies adopted by debtors significantly compromise the effectiveness of judicial protection by hindering the identification and attachment of assets capable of satisfying the obligation. This article aims to analyze the limits and effectiveness of typical and atypical enforcement measures in child support collection in the face of asset concealment practices. The research adopts a qualitative and quantitative approach, using the deductive method, based on legislative, doctrinal, jurisprudential, and documentary analysis, including decisions from higher courts, statistical data, and information obtained from the National Council of Justice and the Court of Justice of the State of Rondônia. It is verified that, despite the advances introduced by the 2015 Code of Civil Procedure, child support enforcement still faces difficulties due to the absence of assets formally registered in the debtor’s name, the use of third parties for asset concealment, and the practical insufficiency of traditional enforcement mechanisms. It is concluded that the effectiveness of child support enforcement depends on a more proactive judicial approach, the strengthening of asset investigation mechanisms, and the proportional and well-founded application of coercive measures, in order to ensure the protection of the fundamental right to subsistence and human dignity.