A (in)eficácia da prisão civil no âmbito da execução de prestação alimentícia

Abstract

The aim of this monograph is to study the ineffectiveness of imprisonment, in terms of the closed regime, in the context of maintenance enforcement, through an analysis of doctrine, case law and the relevant legislation. The issue involves both social and legal aspects, and the purpose of this work is to reflect on the positive and negative points of this coercive measure adopted in Brazil. The study seeks to examine solutions from a legal perspective, as well as analyzing ways of guaranteeing the principle of effectiveness and the reasonable duration of the process. In this context, the work offers a detailed analysis of this type of imprisonment, presenting the doctrinal understandings that defend it and, at the same time, opposing opinions, considering that freedom is a fundamental right. Furthermore, the study will address the effectiveness of civil imprisonment when applied in specific situations, as well as its ineffectiveness in certain circumstances, highlighting the challenges and limitations of this coercive means in practical cases