O Projeto de Lei 437/2022 : ampliação do rol taxativo da execução da dívida de alimentos no Brasil previsto no art. 531 do CPC, suas implicações e medidas alternativas à prisão civil por dívidas

Abstract

The present work refers to a monograph, a requirement for obtaining a Bachelor's degree in Law at the Federal University of Sergipe, Campus São Cristóvão. The chosen theme brings up the discussion Bill 437/2022 of Federal Deputy Rubens Pereira Júnior, PCdoB-MA, which proposes the expansion of the list of limitative of art. 531 of the Brazilian Code of Civil Procedure, which currently allows the imprisonment of the food debtor, in debts arising from provisional and definitive food payments, these last ones transited in res judicata or not. By the project, besides the foreseen cases that authorize the civil imprisonment of the food debtor, the imprisonment would be authorized in the cases of: defaults on child support, those resulting from domestic violence and those owed by the estate. Remembering that the execution of a judgment for a food debt can be by the procedural rite of expropriation or civil imprisonment of the debtor whose option criterion is the formal request of the creditor to the competent judge, as provided in art. 528 of the Code of Civil Procedure (CPC) and art. 19 of Law 5.478/68 (Food Law or LA). For the confection of the present work the bibliographical research method was used, focused on analysis of laws, doctrines and jurisprudence.