A constitucionalidade da prisão de ascendentes por inadimplência do pagamento de pensão alímenticia

Abstract

The present study aims to analyze the constitutionality of the imprisonment of ascendants due to non-payment of alimony, in light of constitutional principles. The research is developed through a qualitative approach, using the literature review methodology to deepen the study of the legal rights and duties related to alimony, as well as the legal nature of alimony and the implications of civil imprisonment. Initially, the work discusses the legal rights and duties relating to alimony, addressing its concept, basis in the legal system and the characterization and legal nature of alimony. Next, civil imprisonment is explored, covering its conceptualization, applicable principles of law, doctrinal perspectives, interpretations of higher courts, and exceptions and limitations to this form of coercion. A central point of the research is the specific analysis of the civil imprisonment of ascendants, considering the food obligations of second-degree collateral relatives and the legal and social nuances involved. The study delves into the perspectives of the courts of justice and superiors on the civil imprisonment of ascendants, evaluating judicial decisions and their compliance with constitutional principles. The investigation reveals a detailed overview of the application and constitutional validity of the civil arrest of ancestors for non-payment of child support, providing a comprehensive understanding of the legal and social implications of this measure. The work concludes with critical reflections on the adequacy of this practice to constitutional precepts and suggests possible improvements and alternatives to ensure compliance with maintenance obligations in a fair and effective manner. [resumo fornecido pelo autor]