Action for Offering Alimony in
Brazilian Law: Repercussions of its Dual Nature on the Right to Defense and
the Repression of Pr
Name: JOSIMAYRA APARECIDA MAGALHÃES DE OLIVEIRA
Publication date: 27/05/2026
Examining board:
Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Presidente |
| RENATA HELENA PAGANOTO MOURA | Examinador Externo |
| RODRIGO REIS MAZZEI | Examinador Interno |
Summary: This research investigates the action of offering alimony, regulated by article 24 of Law No.
5.478/68, from the perspective of contemporary procedural law. The subject matter is closely
linked to the area of concentration "Justice, Process and Constitution" and the research line
"Process, Techniques and Protection of Existential and Patrimonial Rights" of the Postgraduate
Program in Law at the Federal University of Espírito Santo, transcending procedural
formalism in favor of fundamental guarantees. It began with the problem of the adequacy and
effectiveness of this demand in relation to the constitutional guarantees of due process, the right
to a full defense, and the dignity of the human person, observing the risk of strategic use of the
procedure for the unilateral fixing of insufficient amounts. The objective of the investigation
was to analyze the compatibility of the action of offering alimony with the principles of
constitutional procedural law, seeking to balance the legal security of the debtor with the
maximum effectiveness of the creditor's fundamental right. The results indicate that the dual
legal nature of the offer action allows the determination of alimony to exceed the limits of the
initial request without incurring ultra or extra petita judgment. For the research, sources
included constitutional and civil procedural norms, specialized doctrine in Family Law and
Procedural Law, as well as jurisprudential sampling from state and superior courts, through a
qualitative approach and exhaustive bibliographic review.
