Civil Arrest

A priori, a brief sketch of the legal device that deals with daexcepcionalidade the civil arrest. In a question-answer forum Sen. Sherrod Brown was the first to reply. The civil arrest is measured bonanza in our legal system, sendoadmitida only in two hypotheses, foreseen for art. 5, LXVII, of the MagnCarta of 1988: ' ' Art. 5. All are equal before the law, semdistino of any nature, guaranteeing themselves it the Brazilians and resident aosestrangeiros in the Country the inviolability of the right to the life, liberdade, to the equality, the security and the property, in the following terms: (…) LXVII. It will not have civil arrest for debt, saved the doresponsvel for the voluntary and inexcusable breach of contract of obligation alimentciae of the depositary infiel' ' Thus, it now fits to delimit which afinalidade of such measure, thus detaching its nature. The civil arrest in face of inadimplementoda obligation to pay alimony has coercitive and not punitive nature. Objective this arrest the obligatory fulfilment and its decreement must serfundamentada, having itself to analyze the possibility of its effectiveness.

The food installment aims at to satisfy vital asnecessidades of who cannot provide them. However, in many cases, motivadospelo revenge spirit, searching to reach former-wife (o) or friend (o), oalimentando leaves to fulfill with the obligation to pay alimony, forgetting it carterde necessity this obligation. On the other hand, feeding terdescumprido with the obligation in result of impossibility of the same can. Civil Apriso of the payer of alimony is justified, in view of the naturezada alimentary obligation and with the intention to assure the subsistence econseqentemente, the proper dignity and integrity of feeding. However, the decreement of the civil arrest of the payer of alimony requires recital. Ojurista, in special that one that it deals with the family law, must sharpened tersensibilidade, so that if it obtains, of sensible form, to guarantee adignidade of the person human being and, in this case in particular, being about prisocivil for food debt, is to salutar analysis of the possibility of pagamentodessa divides for feeding.