Alimentos em tempos de COVID-19 a responsabilidade do devedor perante o credor
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Abstract
This article aims to analyze how the pandemic scenario caused by Covid-19 had repercussions on Family Law, notably with regard to the creditor's right to child support and civil imprisonment of the debtor. In order to reach a consistent conclusion, it is necessary to analyze child support from the perspective of essential fundamental rights to the dignified life of the person being supported and its positivism in the San José of Costa Rica Pact, the assumptions for its fixation, considering the binomial possibility of the supporter x needs of the supported, especially infants and the elderly, due to their vulnerability. The next step is to analyze the procedural consequences of non-payment of child support, with an emphasis on civil household imprisonment. At the end, CNJ Recommendation 62 will be compared with Law no. 14.010/20, in addition to a wide review of the Superior Court of Justice’s jurisprudence during the pandemic, and suggestions for a better accommodation of the fundamental rights of the parties involved. The authors used the literature review method to develop the text.