A teoria do adimplemento substancial e sua aplicação no processo de execução de alimentos

Abstract

The present monograph intends to analyze the applicability of the theory of substantial performance in the execution of the maintenance obligation. The aforementioned theory, which stems from the principles of objective good faith and contract preservation, has over the years gained strong acceptance in Brazilian jurisprudence. Even so, since the theory of substantial performance originating from contract law, its impact on family law until recently appeared to be unabated. To that end, the discussion arises about the possibility of applying the theory of substantial non-performance as a way to prevent civil imprisonment for food debt, thus avoiding the excessive burden generated by the enforcement process against the food debtor. In the light of legal and jurisprudential parameters, it is intended to analyze the principles that support the theory of substantial performance, its history in Brazilian jurisprudence, as well as the feasibility of exporting the theory to the area of ​​family law, more specifically with regard to execution of food debt