A eficiência das medidas coercitivas implementadas pelo judiciário nas execuções de pensões alimentícias: análise da efetividade das sanções e os preceitos legais aplicáveis

Abstract

This article analyzes the effectiveness of coercive measures in alimony cases, covering typical means such as attachment, civil imprisonment, and payroll deduction, as well as atypical means introduced by the 2015 Code of Civil Procedure, especially those in Article 139, item IV, applied in a subsidiary manner to ensure the satisfaction of alimony claims. It examines how these mechanisms have been used in the enforcement phase and whether they have produced effective results, in light of doctrine and case law. The research contextualizes the legal nature of alimony based on the principles of human dignity and family solidarity, as well as the criteria for setting alimony guided by the need-possibility binomial. The study seeks to identify the main obstacles that compromise the effectiveness of judicial decisions and proposes reflection on the need for legislative improvements and more effective instruments to strengthen judicial protection. The methodology adopted is deductive and qualitative, supported by bibliographic research and analysis of doctrine and jurisprudence from higher and state courts, allowing us to examine how the alimony enforcement system has been responding to the available coercive strategies.