Execução de alimentos a eficácia da quebra de sigilo bancário na fixação de alimentos no direito brasileiro

Abstract

This study examines the importance of ensuring the effectiveness of the right to child support, with special attention to the protection of children and adolescents. It analyzes the legal and social system of comprehensive childhood protection, highlighting the role of family solidarity and the duty of the State to guarantee the right to life, always guided by the principle of human dignity. Although Brazilian law provides several mechanisms to safeguard the rights of vulnerable individuals — such as the elderly, children, and adolescents — in practice, many still suffer from material and emotional abandonment due to the difficulty in enforcing child support obligations. In this context, the lifting of bank secrecy emerges as a relevant procedural tool, as it makes it possible to identify the true financial capacity of the debtor. This measure contributes to ensuring that children and adolescents have access to adequate living conditions, compatible with their needs and essential for their healthy development. Therefore, this article seeks to highlight the reasons why, despite the extensive legal protection, the right to child support often fails to be effectively applied, and how mechanisms such as the breaking of bank secrecy can strengthen its enforcement.