A obrigação alimentar avoenga e a natureza jurídica do mecanismo de integração do polo passivo previsto no artigo 1.698 do Código Civil

Abstract

This paper aims to investigate the maintenance obligation of grandparents and other ascendants, whose legal basis is in article 1.696 of the Civil Code. In view of the provisions of article 1698 of the Civil Code and precedent 596 of the Superior Court of Justice, this research is focused on the formation of litigation in the process that aims to fix the grandparent maintenance. When considering the complementary and subsidiary nature of the alimony obligation, as well as the possibility of all co-obligors being called upon to provide alimony, we wonder about the way in which this integration should occur in the passive pole of the alimony action and if all should be called upon to integrate the litigation. The research aimed to identify the majority position of the Superior Court of Justice and of the Court of Justice of the State of Rio Grande do Sul, as well as the way these courts have been positioning themselves after the judgment of Special Appeal nº. 1.715.438/RS. In order to verify the arguments used in the defense of the integration mechanisms, we briefly analyzed the characteristics of the maintenance obligation, differentiating it from the parents maintenance obligation and contextualizing its subsidiary and complementary nature, as well as the possibility of integrating the other co-obligors in the passive pole. The research was divided into two chapters, with two subchapters each. It used the dialectical approach and the monographic and comparative procedural methods.The research techniques employed were bibliographic and direct intensive observation. Finally, it was concluded that all co-obligors need be included in this type of action, since this is a case of necessary passive co-participation. In this way, it is possible to guarantee to all those involved a broad analysis of the conditions and needs of each one, prioritizing the best interests of the person receiving alimony and the effectiveness of the provisions of article 1,698 of the Civil Code.