Os efeitos das sentenças alimentares e a irrepetibilidade dos alimentos

Abstract

This article aims to discuss the retroactive effect of aliment sentences and their possible practical repercussions on the principle of unrepeatable aliment. The Superior Court of Justice (STJ) issued the 621 summons pacifying the jurisprudential discussion about the retroactivity of the effects of the judgment that reduces, increases or exonerates the payment feeder, giving retroactive effects to the date of the citation, being prohibited compensation and repeatability of amounts previously paid. Based on the established understanding, we will try to approach the jurisprudential history on the subject, highlighting the possible practical effects of the current position of the referred superior court, explaining the principle of aliment irrepetibility and the need for its flexibility to justly resolve family disputes.