A inadimplência no pagamento de pensão alimentícia: desafios jurídicos e impactos sociais

This study analyzes the default in the payment of alimony and the legal challenges and socialimpacts resulting from this phenomenon, showing how the lack of compliance with themaintenance obligation directly affects the protection of the fundamental rights of the fed andthe stability of family relationships. The research begins with the contextualization of theproblem, demonstrating that non-compliance with the obligation generates negativeconsequences not only in the economic sphere, but also in the social structure, compromisingaccess to basic conditions such as health, education and well-being. To investigate this reality,a qualitative and descriptive approach was adopted that combined documentary andbibliographic research, covering scientific publications, dissertations, theses and judicialdecisions obtained from several databases, such as Google Scholar, CAPES Journal Portal,SciELO, JSTOR, HeinOnline and Index Jurídico. The use of search descriptors and Booleanoperators allowed us to refine the results and select recent sources that address in an innovativeand critical way the legal and procedural mechanisms, especially the measures provided for inthe Code of Civil Procedure for the enforcement of maintenance obligations. The resultsindicated that the coercive instruments adopted, such as the registration of debtors in defaulters'registers and the application of severe sanctions, including civil imprisonment, often prove tobe disproportionate and ineffective, contributing to the destructuring of the family environmentand to the worsening of social impacts. In addition, the analysis pointed to the need for a reviewof the methods of calculating alimony and subsidiary liability, suggesting that themodernization of legal provisions is imperative to balance the protection of those fed with therights of debtors. The discussions reveal that the enforcement of the maintenance obligationmust be conducted through practices that reconcile legal rigor with social sensitivity, enablingthe implementation of solutions that ensure quick and efficient responses to conflicts. The finalconsiderations emphasize that, even with recent legislative advances, the collection systemlacks improvements that mitigate the negative effects of default, requiring the integration ofnew practices that promote justice and equity in family relationships. Thus, the study concludesthat the transformation of procedural instruments and the modernization of social protectionmechanisms are fundamental to ensure the right to food and preserve the dignity of those fed,contributing to the strengthening of the balance in family relations and to the realization offundamental rights.