The main purpose of this paper was to identify the various aspects of the civil prisoner of the maintenance debtor, mainly showing how this coercion is used and its dubious effectiveness when applied in certain circumstances. The study of the civil prison for food debts is, in fact, an important and controversial subject and should always analyze human rights, both in the aspect of the fed creditor, who needs means for their subsistence, and in the aspect of the defaulting can‘t simply be coerced into payment without due respect to his dignity. The research problem was what would be the scope of the civil prison for failure to provide food and what the real reach of this type of prison. The main objective of this research was to analyze the effectiveness of the prison as a coercive means in the execution process. To reach the desideratum was used quantitative qualitative methodology that had two types of research: bibliographical, analysis of jurisprudence, examination of Brazilian legislation and documentary. At the end of the present research, it is concluded that, inspired by Portuguese legislation and guaranteeing the effectiveness of the food budget for children and / or adolescents, we have proposed an alternative method of solving this problem, with the creation of a Food Guarantee Fund for Minors, which, in partnership between the Court of Justice and the Government of the State of Tocantins, should be observed which is the most appropriate and which will lead, on a case-by-case basis, to the fulfillment of the obligation more quickly and effectively, taking into account the best interests of the child and the capacity of payment for the food, using the prison as an exception measure, used in the last case only in the hypotheses of the non-payment of the dishonesty and the irresponsibility of the debtor.
|
