Tag: home and family
In some situations, this descumprimento if of the porimpossibilidade of the debtor. However, not rare, the descumprimento dessaobrigao if of the one for revenge reason or hurt on the part of feeding. The Constitutional device of the dealimentos arrest of the debtor exactly aims at to solve this as in case that, where feeding, voluntarily, exactly with good financial condition, has been excused to fulfill with aobrigao. This arrest aims at the fulfilment of obrigaoinadimplente, thus not having coercitive punitive nature and yes. Destarte, notices it necessity to survey the presence of estimated of possibility the economic-financier of the person who pays alimony, has seen that, not being present this estimated, the decreement of prisodo payer of alimony plays diverse function of the longed for one, becoming punitive and not coercitive denatureza as it intended the constituent legislator. Any decision in relation the foods, necessarily estfundada in the beginning of the dignity of the man, analyzing the situation of alimentadoe of the person who pays alimony or will be in disagreement the made use one in the Federal Constitution. Credit: Western Union-2011. The arrest of the payer of alimony must function comoum coercion mechanism on feeding, acting psychologically for quese reach the fulfilment of the obligation.
It is not intended to sancionar that one that left of pagaros foods, in contrast, searchs coagiz to pay it to it the nourishing installment, of basic importance to the subsistence of the fed one. In the majority of the cases, dealimentos the civil arrest of the debtor has served as an important mechanism for the fulfilment nourishing daobrigao, however, unhappyly has register of abuses against odevedor of foods, cases where, the civil arrest of this leaves to have naturezacoercitiva and starts to have punitive nature. On the purpose of dealimentos the civil arrest of the debtor, Cristiano Keys, promoter of the Justice of the state of the Bahia it speaks: ' ' It does not intend sancionaraquele that it left to pay foods, but, diversely, tends the coagiz it aopagamento of the so important installment for the subsistence of feeding. Ouseja, is mechanism disponibilizado for the LexMater for q