Procedimento da execução de alimentos por expropriação: cumprimento de sentença ou execução por quantia certa contra devedor solvente?

Abstract

Closely related to the fundamental rights of the human person, especially the right to life, it’s the obligation of alimony. This obligation is supported by the principles of solidity and human dignity, structural elements of the family environment. Therefore, it is based on mutual duty of support between relatives, spouses and partners, in accordance with art. 1694 of the Civil Code, in order to be assured of the maintenance requirements for the subsistence of all. One of the most distressing problems in Family Law concerns about the practical difficulties in order to ensure, effectively, the compliance with the obligation by the one who was convicted to pay alimony. Alimony may be required, in the event of noncompliance, for execution by exact amount against a solvent debtor, subject to specific rules that allow four different arrangements: I - Directly Discount Off Paycheck debtor; II - Direct discount on other income, such as rents, for example; III - Patrimonial coercion, by property pawn belonging to debtor; IV – personal coercion, by debtor's prison. It is worth mentioning that of this hangs great doubt, as well as doctrinal disagreement, about how the alimony will be executed from court final judgment and not paid when due, when adopted the rite of attachment. Thus, there is no consensus whether compliance with the obligation of alimony will be done by judicial enforcement through an execution by exact amount, in files apart, arranged in the art. 646 and following of the Code of Civil Procedure, or by completion of sentence, provisions of Law 11.232/05.