Impunidade no excesso de execução de alimentos

Due to the purpose and legal nature of congruent and necessary maintenance, both, legislation and and jurisprudence protect their limits in a special way. However, the overcollection of final alimony constitutes an unethical fault. Nevertheless, before the special protection of maintenance the need to investigate the legal viability of the application of legal sanctions on possible hypervulnerable maintenance creditors was identified, stablishing as hypothesis the application, alone or jointly of the sanctions in Art. 940 of the CC, Art. 81 and 776 and the paragraph I of Art. 520 all of the CPC, as well as the one identified in Art. 32 of EOAB. The theoretical and investigative development of this research was carried out through the hypothetical-deductive scientific method introducing general concepts on which, on a second stage, the hypotheses were tested. This investigation has an eminently theoretical and propositional nature providing parameters to guide the subject. The hypotheses presented were partially confirmed, understanding the sanction in terms of unfair execution, as opposed to the others, which were confirmed

Humanities · Brazilian Legal Issues · Philosophy · Public Health in Brazil