Prisão civil por débito alimentar no Brasil

Abstract

Civil imprisonment for alimony debt in Brazil is an exceptional measure designed to ensure compliance with the alimony obligation, guaranteeing the to food. The study analyzed the legal and social aspects of this type of imprisonment, especially after the 1988 Constitution, which reinforced the protection of the alimony recipient without disregarding the rights of the alimony payer. A bibliographic review was used to examine the compatibility of civil imprisonment with constitutional principles and its effectiveness in coercing the payment of alimony. It was found that case law consolidated the coercive nature of the measure, differentiating it from imprisonment for common debt, which is prohibited by the legal system. The Code of Civil Procedure improved the mechanisms for compliance with the alimony obligation, allowing the conversion of imprisonment to house arrest in exceptional cases, which generated debates about the effectiveness of the sanction. It was concluded that civil imprisonment remains a legitimate instrument to guarantee the right to food, but its application must respect the constitutional principles of proportionality and reasonableness, avoiding negative social impacts for the debtor and his/her family.