Possibilidade de cumulação dos pedidos de prisão e expropriação na execução do crédito alimentar decorrente de relações familiares

Abstract

The present research analyzes the executive guardianship of food arising from family relations, with the aim to verify the possibility of cumulative requests for arrest and expropriation, through the compatibility of the procedural techniques provided for each procedure, in order to guarantee the procedural efficiency. To this end, it examines the maintenance obligation and the enforceable means existing in the Brazilian legal system and then identifies the peculiarities of the prison and expropriation rites for the food executive protection. Afterwards, a study on procedural flexibility and the development of case management was carried out in the context of the 2015 Civil Procedure Code, with the purpose of demonstrating that the process should be made more flexible to meet its purpose. Finally, we concluded that is possible the cumulation of prison and expropriation requests in the food executive protection from family relations, based on the current model of procedural flexibility in which the magistrate has the means to adjust the procedure and ensure the efficiency of execution. The research was developed through the hypothetical-deductive methodology and the documentary and bibliographical research technique, by qualitative approach and is linked to the research line, Constitutionality and Protection of Existential and Patrimonial Rights of the Post-Graduate Program in Procedural Law of the University Federal of Espírito Sant