Fundamento ético-jurídico do dever de alimentos entre êx-cônjuges sob o olhar da jurisprudência no sistema jurídico brasileiro

Abstract

The Federal Constitution of 1988 brings a model of a democratic family governed by the principles of solidarity, freedom and equality. The contemporary family is relational and individualistic, a true privileged space of personal growth of its members and sharing of life. The changes that occurred throughout the twentieth century, such as the insertion of women in the labor market, contributed to the gradual decline of the patriarchal family model and the considerable increase of individual freedom within the family entity. The suppression of the temporal criterion for the granting of divorce brought by the constitutional amendment is in line with the extension of the autonomy of the will of the person to want or not to maintain the bond that unites the other. The same solidarity that marks the current model of family is the justification for the granting of alimony among ex-congujes. However, the fundamental right to liberty and the fundamental right to solidarity must be weighed in the analysis of the need for pension. The imposition of a duty of solidarity necessarily implies the suppression of a portion of freedom, which calls for a closer analysis of the request for food between ex-spouses. In this context, case-law brings more in-depth criteria in the evaluation of the request for alimony between ex-spouses.