The new procedural law introduces important changes to the enforcement of judgments that recognize the enforceability of the obligation to provide alimony. Parents' duty to support their minor children until they reach the age of majority or for another reason determined by law derives from parental authority. On the other hand, some relatives, spouses, partners, or members of family entities based on emotional relationships may seek alimony based on the alimony obligation, the right to life, and the principles of solidarity, financial capacity, reasonableness, and human dignity.
Any person who fails to fulfill this obligation may be subject to civil imprisonment, pursuant to Article 5, Section LXVII, of the Federal Constitution. Article 528 et seq. of the new Code of Civil Procedure, in turn, establishes, among other provisions, that the debtor, after being summoned by the judge, shall have three days to pay the debt, prove that he or she has paid the debt, or justify the impossibility of doing so.
Furthermore, the new procedural law establishes that defaulters may: (i) be subject to civil imprisonment for up to three months, in a closed regime but separated from regular prisons, until full payment of overdue installments; (ii) have their name blacklisted by credit protection agencies; and (iii) have their bank accounts judicially frozen. The payroll deduction limit for pensions has been increased from 30% to 50% of net earnings.
If the obligation is not fulfilled, the judge will order the seizure of sufficient assets to pay the principal amount of the debt, plus interest, costs and attorney's fees (Article 831 of the new CPC), and will also notify the Public Prosecutor's Office with a view to holding the debtor criminally liable for the crime of material abandonment, in accordance with Article 532 of the new CPC.
The crime of material abandonment, provided for in Article 244 of the Brazilian Penal Code, punishes with a prison sentence of 1 to 4 years, and the payment of a fine of 1 to 10 times the highest minimum wage in force in the country, anyone who fails, without just cause, to provide for the subsistence of their spouse, or of a child under 18 years of age or unfit for work, or of an invalid ascendant or one over 60 years of age, not providing them with the necessary resources or failing to pay judicially agreed, fixed or increased alimony; and/or failing, without just cause, to assist a seriously ill descendant or ascendant.
Notably, the changes to the new Code appear promising for minimizing alimony debt default. However, it cannot be forgotten that non-payment of alimony is, more than a judicial issue, a social and moral problem. It's a problem that stems from the cruel omission of those who have the duty and the possibility of providing support, leaving the law and its practitioners with the mission of overcoming this barrier.
