A (in)existência de litisconsórcio passivo necessário na ação de alimentos avoengos

Abstract

This research analyzes, based on different jurisprudential arguments from the state courts and the Superior Court of Justice, and doctrinal understandings, whether in the lawsuit of grandparent’s alimony, and in the intervention of atypical third parties that appears in the 1698 CC, if there is a compulsory joinder of grandparents or should apply the optional passive joinder. In order to establish an application that is technically coherent, taking into account strict norms and family, constitutional and procedural principles, such as the principle of the best interest of the minor, the principle of family solidarity, subsidiarity, divisibility, and complementarity of child support, and the criteria for applying the forms of joint litigation and third-party intervention, incident to the object of the research, without forgetting to consider the social impacts in relation to women, who are the most harmed when it comes to the legal claim for alimony. Therefore, an atypical optional joinder is proposed, which when the creditor is capable is applicable to the option of the complete joinder, however when the creditor is an incapacitated minor, all grandparents may be called into the process depending on the will of the debtor or the Public Ministry