Meios processuais de defesas no processo de execução, principalmente com relação à obrigação de prestar alimentos sob o rito da pena de prisão

Abstract

Concerning human dignity principle, presente work aims the alimony payee protection - which allegates alimony default of paying– facing off alimony payer defense – which could be improperly complelled in an unbased forced action or debt exemption. Research focused on: a) content of juridical terms; b) alimony default penalty effectiveness; c) comparison between execution measures procedures - judicial and extrajudicial enforcement; d) a study on how New Brazillian Code Of Court Rites and Procedures, issued in 2015, affected the theme. For the declared purpose we historically enrolled alimony and forced execution themes since its probational rites in Brazillian procedural law system until the newest procedural law landmark. At the end, we were able to build a structure envolving forced execution, alimony, alimony detention, and forced execution entitlement just to conclude about alimony payee defense means, such as Impugnation, stays of execution, pre-executability exception, Habeas Corpus and Instrument Appeal. We can verify that the alimony debtor has extensive means of defenses has to protect himself from what he is, improperly or not, enforced by the alimony creditor