O instituto da pensão alimentícia no ordenamento jurídico brasileiro: uma análise à luz do princípio do melhor interesse da criança e adolescente

Abstract

This research aims to analyze the application of the principle of the best interests of children and adolescents in child support actions. To this end, a historical investigation of the evolution of paradigms and rights of children and adolescents was initially carried out. The analysis will develop the different phases until reaching the present day, with the implementation of the principle of the best interests of children and adolescents. Such protection was provided through the principle of the best interests of children and adolescents, which was incorporated into the Brazilian legal system through the ratification of the International Convention on the Rights of the Child. Next, the subject of child support is addressed, through the current contextualization of the functioning, application and characteristics of the support. In addition, the legislative, constitutional and infra-constitutional foundations that support and ensure the right of children to child support are analyzed. In this same vein, the principles that guide the determination of support are presented. Finally, the methodology used consists of a bibliographic and documentary review associated with the analysis of national case law and the TJ Piauí, enabling a broad understanding of the application of the principle to specific cases. Based on the case law analysis, it was found that in the analyzed actions, the judiciary is careful to introduce the principle in the decisions, seeking to meet the needs and well-being of minors. Thus, this work contributed to the debate regarding the implementation of the principle of the best interests of children and adolescents in alimony actions.