Name: LUIZA TOSTA CARDOSO
Publication date: 15/06/2020
Advisor:
Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Advisor * |
| RODRIGO REIS MAZZEI | Internal Examiner * |
Summary: This dissertation intended to research about the appropriateness of the civil
prison in the fulfillment of sentence resulting from an illicit act. This object is closely linked to the PPGDIR UFES concentration area, "Justice, Process and Constitution", within the research line "Process, Constitutionality and Protection of Existential and Patrimonial Rights". For the analysis of the issue, the study started from the general concepts of maintenance obligations, and approached its characteristics and classifications. The aim was to verify the food characteristic of the food service provided as a result of the illegal act. This maintenance obligation is established based on articles 948 and 950 of CC / 02. The maintenance obligation based on art. 948, CC / 02, in the case of homicide, is aimed at the dependents of the person in charge, and under the terms of art. 950, CC / 02 is fixed for the victim of the disabling injury. CPC / 15, in compliance with constitutional guidelines, established the observance of constitutional principles and norms, as the principle of efficiency and the fundamental right to executive protection. In view of the fundamental right to the execution protection, the rules of the enforcement process must be
interpreted in such a way as to give priority to the realization of credit. CPC / 15 provides executive techniques for the food`s execution rite which are regulated in articles 528 and following of the code. Among these techniques is the civil prison. Civil imprisonment, a technique authorized by the Federal Constitution, is only applicable to compel the debtor to pay the alimony. CF / 88, in a previous and abstract way, made the balance between the debtor's freedom and the creditor's dignity, prioritizing the principle of human dignity and the creditor's life. The exceptionality of the civil prison is not in the privilege of the origin from which the credit is generated, but in the food character, not to mention the creditor's urgency to receive the food. Hence, civil prison is restricted to current maintenance, which requires only the last three installments, as established in art. 528, §7 °, of CPC / 15 and in summary 309, of the STJ. Therefore, the application of civil imprisonment is related to vulnerability, the urgency of the service and the creditor's dignity. It was seen that the maintenance creditor resulting from an unlawful act depends on the maintenance to keep ones dignified life, so that the procedural right must confer the instruments and techniques capable of compelling the debtor to comply with the obligation.
Keywords: Food obligation. Illicit act. Compliance with judgment. Executive
means. Civil Prison
