Aplicação da teoria da aparência nas ações de alimentos no estado de Sergipe : um instrumento para justa quantificação do crédito alimentar

Abstract

This monograph examines the possibility of using the theory of appearance in food actions with the purpose of achieving a fair quantification of food credit, in obedience to the food trinomial of need-capacity-proportionality. It is intended, notably, to examine the applicability of this theory by the Court of Justice of Sergipe based on evidence that demonstrates the real financial capacity of the feeder. Therefore, the present work was prepared based on bibliography composed of laws, jurisprudence, doctrines, monographs, dissertations, theses and scientific articles, from which it was possible to gain greater understanding about foods and the theory of appearance and applicability of this theory in food lawsuits processed by the TJSE, verified directly through the analysis of rulings handed down by it. Finally, it was concluded that the appearance theory is widely used in food actions, and that the TJSE, specifically, adopts the aforementioned theory to justify the fixing or review of food credit.