ALIMONY FOR EX-SPOUSE: MATERIAL AND FORMAL LIMITS OF THE PRINCIPLE OF SOLIDARITY IN FAMILY LAW: LIMITES MATERIAIS E FORMAIS DO PRINCÍPIO DA SOLIDARIEDADE NO DIREITO DE FAMÍLIA
The research focuses on lifelong alimony granted to an ex-spouse with earning capacity. The issue at hand is questioning how judges should decide on the admissibility of vitalicy maintenance order, as there is no legal impediment to such a juridical relation. The general objective of the research is...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2024 |
| Country: | Brasil |
| Institution: | Universidade Federal da Bahia (UFBA) |
| Repository: | Revista Direito e Sexualidade |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.periodicos.ufba.br:article/60881 |
| Online Access: | https://periodicos.ufba.br/index.php/revdirsex/article/view/60881 |
| Access Level: | Open access |
| Keyword: | Alimentos Pensão vitalícia Direito de família Princípio da solidariedade |
| Summary: | The research focuses on lifelong alimony granted to an ex-spouse with earning capacity. The issue at hand is questioning how judges should decide on the admissibility of vitalicy maintenance order, as there is no legal impediment to such a juridical relation. The general objective of the research is to demonstrate that this lifelong support is not in accordance with the Brazilian legal system. The specific objectives are: to understand the principle of solidarity in Family Law, to analyze how alimony is determined in favor of an ex-spouse, and to understand how the mentioned principle is applied. The research was conducted using the inductive method based on the abstraction of a case. Finally, the proportionality principle is advocated as a guide for decisions that need to determine a specific time frame for alimony payments. |
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