A (in)validade do negócio jurídico processual para afastar medida de prisão civil do devedor de alimentos

Abstract

The article focuses on the atypical procedural legal business, provided for in art. 190 of the 2015 Code of Civil Procedure. This provision has two requirements that enable the parties to conclude the deal in order to modify certain characteristics of the process so that it suits the specifics of the specific case. In contrast, the right to food has a number of peculiarities that make such rights unavailable, that is, they are norms with an imposing content. Then, in analysis of art. 190 of CPC / 2015, of the principiological basis of family law, mainly of the right to food, and of the general rules on enforcement, as well as those specific to the actions of enforcement of food, in force in the country, this article intends to investigate whether it is valid the procedural legal business in order to remove the civil imprisonment measure from the maintenance debtor.