In force since March this year, the new Brazilian Civil Procedure Code (CPC) has brought important changes to Brazilian legislation, such as the payment of child support.
In addition to the possibility of having the name denied, in the registers of debtors , the discount value in payroll has increased.
Check out the main changes.
The protection to credit – Credit Protection Service (SPC)
Those who delay payment of the pension for a period of one month may be charged by means of judicial protest. If there is no justification or continuation, the person may have the name registered with the Credit Protection Service (SPC) or in the Serasa registry.
Percentage of hidden d in payroll
The payroll alimony debt is common in Brazil, limited to 30%. The new CPC allows the payment of arrears also to be charged in this way, with a maximum limit of 50% of the salary (Art. 529, §3º).
The prisão for non payment of pension
With one month’s delay in the payment of the pension, it is possible to apply for imprisonment for not paying the alimony attorney to the judge responsible for the case.
The debtor is only released after paying the late amounts or completing the maximum penalty provided for in the Brazilian Civil Procedure Code .
With respect to the sentence, it will be one to three months in a closed regime, with no possibility of change, although separated from common prisoners.
Extrajudicial child support agreements
The payment of alimony can be settled through an out-of-court settlement, such as mediation. In this case, the same rules apply to judicial collection.
How to ask for alimony no system judiciário the Brasileiro?
In Brazil, the only applicable case of a civil prison for debt is that of the defaulted maintenance pension, according to Supreme Court Binding 25 of the Federal Supreme Court (STF). The alimony, a legal amount, is charged by means of an action of food.
Non-payment of the pension is a crime punishable by detention of one to four years and a fine of one to ten times the minimum wage . In this CNJ Service, we will clarify who can apply for alimony, and how it should be done.
Under the Civil Code, relatives, spouses or partners may request food that they need to live, including to meet educational needs.
Thus, not only can parents and children be liable for child support: it extends the duty to provide food for all ascendants, descendants and siblings, if the relative who must in the first place is not able to fully support the charge.
A special ito the food share in Brazil
The food action has a special, faster rite. The creditor, who is entitled to the payment of the pension, only has to go to the local court of justice, alone or represented by a lawyer or public defender.
You must state your needs, proving only the kinship or obligation to feed the debtor, indicating some basic data of this, such as residence, profession, how much earns approximately etc.
From Waiver of previous production of evidence
In order to guarantee the provision of food, the production of evidence proving the necessity of the pension for its subsistence is not necessary. Even before the appointment of the hearing, the court shall immediately establish the debtor’s obligation to pay for provisional maintenance, unless the creditor declares that he does not need a prepayment.
From the citation of the Debtor
The summons of the debtor to attend the trial hearing may be made in three ways. The first, by means of postal registration by the sending of letter of notification.
If this is not possible, a bailiff is called, who will personally deliver the summons by warrant.
Lastly, frustrating the two previous attempts, the defendant is quoted by means of edict, affixed in the seat of the Vara and published in the official organ of the State.
The defendant is then summoned, who must appear at the hearing scheduled by the judge, under penalty of forfeiture and confession regarding the crime in question.
If the defendant does not attend the hearing, everything the plaintiff (the creditor) declares will be considered true.
Of the final decision
One peculiarity of the judicial decision on food is that it never goes unappealable; that is to say, it can always be revised, since the financial situation of the interested parties is changeable.