A (in)validade do negócio jurídico processual para afastar medida de prisão civil do devedor de alimentos
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Date
2021-05-01
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Universidade Católica do Salvador
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.
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Keywords
Negócio jurídico processual, Direito aos alimentos, Pensão alimentícia, Execução, Execução de alimentos, Prisão civil do devedor de alimentos, Procedural legal business, Right to food alimony, Food execution, Civil prison of the food debtor