A prisão civil como instrumento de eficácia das ações de execução de alimentos sob o prisma das inovações do CPC/15

Abstract

In Brazil, the dignity of the human person and the right to life, present in the Federal Constitution, make the issue of alimony actions of paramount importance in the law. Both in the procedural area, as in the material area, this uniqueness is confirmed in the proposition of a proper and special rite to this type of action, as provided in articles 911, 912 and 913 of the Code of Civil Procedure, as well as the Constitutional and material approach, brought by the Civil Code. Thereby, it should be analyzed that the large number of articles that discipline this institute seeks to accompany and supply the need and social reality, since the ordinariness and high demand of this type of enforcement action requires such space in the legal order. In this sense, the large number of alimony lawsuits presses the legislature to create tools aimed at effecting compliance with the diligence of these actions and therefore achieve success. One such instrument is the civil arrest of the maintenance debtor. Moreover, as the only civil prison mode in Brazil, there is a special treatment in the Brazilian legal system, especially in the New Code of Civil Procedure when it comes to its formal aspect. The project has the function of a theoretical analysis regarding the innovations brought by the new code of civil procedure on the institute of civil prison which in these cases, as well as unique, are quite commonplace.