Cumulação das técnicas de penhora e prisão civil do devedor de alimentos: uma proposta para a melhoria da satisfação do crédito alimentar

Abstract

This work aims to address the possibility of cumulating the techniques of civil imprisonment and attachment in the records of the same executive guardianship of food credit. The present work analyzes the way in which this possibility of cumulation operates effects in the judicial provision, as well as rekindles a discussion in the doctrine and in the national jurisprudence about the procedural flexibility and the strict observance of the rigid procedural rules. Therefore, the study begins with a brief note on the judicial crisis that plagues the food execution process. Next, some surveys are presented about favorable and unfavorable positions for cumulation. And, subsequently, an analysis is made of the fragility of formalist dogmatic thinking in relation to procedural adequacy in the fair, swift and efficient offer of legal protection. The methodology chosen was bibliographical research, carried out by surveying information published by various authors in legal science and by reports and decisions issued by the Judiciary on the subject in question.