Reflexos jurídicos da prisão civil sobre o trabalhador autônomo e a (im) possibilidade de prover pensão alimentícia

Abstract

In Brazil, the institute of civil arrest for debt overdue aims to enforce that the food is met by the debtor. From this work, we intend to analyze whether physical coercion is, in fact, the best mechanism to ensure alimony, since, in some cases by depriving the debtor's freedom, it will prevent him from fulfilling the obligation, besides submitting the inhuman environment that is the Brazilian penitentiary system. Especially with regard to the self-employed person who has no fixed income and is totally dependent on himself to provide the food. In this context, the referred worker finds it difficult to provide alimony for clear reasons, given that the instability in his income is a decisive factor for the non-fulfillment of the obligation, thus leading to default and possible arrest for the debt. to feed. Thus, by the deductive method, the obstacles identified by the institute of the civil prison for aliment debts and also the legal questions surrounding this institute are identified and addressed. For research purposes, legislation was used to demonstrate how the theme works and that through alternative means would be the effective way to ensure the creditor's right to food. Regarding the approach is used the qualitative-interpretive in which uses specific situations of reality. As for the descriptive method, it is through this identification mechanism and characteristics that the objective is included. About the technique through doctrinal works and scientific articles that support the bibliographic type.