Análise dos critérios utilizados na quantificação das pensões alimentícias

Abstract

In family law, child support have the function of ensuring a dignified existence for those who do not have sufficient means to provide for their own needs. However, there are many divergences, mainly jurisprudential, regarding the quantification of the support to be provided, which justifies this study. The theme of this monograph is the analysis of the criteria used to quantify the child maintenance. Therefore, this work aims to analyze whether Brazil has legislative frameworks capable of ensuring the fair fixation of the quantum of support obligations, using, for this purpose, a bibliographical review, with the study of doctrines, scientific works, legislation and jurisprudence. available on the topic. When comparing several decisions to fix support from different Brazilian Courts, it was noticed that there is no objective parameter that supports the choice of values, which results in a significant disparity in percentages even in similar concrete cases, resulting in an undeniable juridical insecurity. At end end, it is proven that, when based only on available legislation, there is no way to safely quantify the maintenance and the importance of using judicial precedents to guide the setting of child support is highlighted.