A prisão civil por débito alimentar: uma análise a partir da perspectiva da função da pena

Abstract

The purpose of this article is to study the usefulness and efficacy of civilian imprisonment, while envisaging the principle of human dignity, in which the legislator protects the part of the least capacity. It is pertinent to discuss the importance of complying with the obligation to provide food and why lawmakers separate the incarceration of defaulters from their obligation to provide food. Analyzing the legal unfolding of this sanction and the effectiveness in its application. It is perceived that the possibility of incarceration of the defaulter, creates a fear to the debtor and social commotion, following the intention of the legislators, the fulfillment of the obligation.