Default in the payment of alimony: legal challenges and social impacts

Abstract

This study analyzes the default in the payment of alimony and the legal challenges and social
impacts resulting from this phenomenon, showing how the lack of compliance with the
maintenance obligation directly affects the protection of the fundamental rights of the fed and
the stability of family relationships. The research begins with the contextualization of the
problem, demonstrating that non-compliance with the obligation generates negative
consequences not only in the economic sphere, but also in the social structure, compromising
access to basic conditions such as health, education and well-being. To investigate this reality,
a qualitative and descriptive approach was adopted that combined documentary and
bibliographic research, covering scientific publications, dissertations, theses and judicial
decisions obtained from several databases, such as Google Scholar, CAPES Journal Portal,
SciELO, JSTOR, HeinOnline and Index Jurídico. The use of search descriptors and Boolean
operators allowed us to refine the results and select recent sources that address in an innovative
and critical way the legal and procedural mechanisms, especially the measures provided for in
the Code of Civil Procedure for the enforcement of maintenance obligations. The results
indicated that the coercive instruments adopted, such as the registration of debtors in defaulters'
registers and the application of severe sanctions, including civil imprisonment, often prove to
be disproportionate and ineffective, contributing to the destructuring of the family environment
and to the worsening of social impacts. In addition, the analysis pointed to the need for a review
of the methods of calculating alimony and subsidiary liability, suggesting that the
modernization of legal provisions is imperative to balance the protection of those fed with the
rights of debtors. The discussions reveal that the enforcement of the maintenance obligation
must be conducted through practices that reconcile legal rigor with social sensitivity, enabling
the implementation of solutions that ensure quick and efficient responses to conflicts. The final
considerations emphasize that, even with recent legislative advances, the collection system
lacks improvements that mitigate the negative effects of default, requiring the integration of
new practices that promote justice and equity in family relationships. Thus, the study concludes
that the transformation of procedural instruments and the modernization of social protection
mechanisms are fundamental to ensure the right to food and preserve the dignity of those fed,
contributing to the strengthening of the balance in family relations and to the realization of
fundamental rights.