The Brazilian Provisional Alimonies as Realization of the Right to Alimony and the Summary Judgment System of the New Civil Procedure Code (Law 13.105/ 2015)
DOI:
https://doi.org/10.14393/RFADIR-v43n2a2015-30435Keywords:
Alimony, Brazillian provisional alimony, Brazilian summary judgmentAbstract
This article analyses the Brazilian provisional alimony/alimony pendente lite as a procedural realization and a legal mechanism of protection for the rights of alimony, palimony, parental and child support in the wake of contemporary Brazilian civil procedural system, not forgetting to address the issues arising from the new summary judgment legal regulation, inaugurated by Law 13,105/2015 (New Civil Procedure Code). For this purpose, the present text, a critically-doctrinal study, scrutinize in detail the legal regulation pertaining to provisional alimonies while Brazilian anticipatory summary judgment type, distinguishing them from Brazilian provisory alimony. It discusses about the perplexing questions arising from the deregulation of nominated summary judgment system, promoted by the new coding, questioning its impact on the institute of provisional alimonies. It proposes, for each of these questions, without neglecting the future relevance of the doctrinal and jurisprudential contributions, possible solutions, which seek minimizing the difficulties to be created.