FOOD OBLIGATION BETWEEN EX-SPOUSES AND EX-PARTNERS: the analysis about the criteria for the establishment of the final term of the food obligation modality

the analysis about the criteria for the establishment of the final term of the food obligation modality

Abstract

The present academic study aims to bring a reflection on the Food Institute, giving special focus to the provision of alimony between ex-spouses and ex-partners, exposing the criteria for establishing the final term of this type of maintenance obligation. It is known that the Food Institute must always be based on the trinomial necessity/possibility/proportionality. However, as can be seen from judgments of the Superior Court of Justice, in the form of maintenance obligations owed to ex-spouses and ex-partners, it would also be beneficial to have a temporal limitation, except in exceptional cases. Only from a thorough analysis of the specificities of the specific case would it be possible to correctly determine whether or not it is necessary to establish the final term for the maintenance provision. Thus, through an analysis of the applicability and effectiveness of the proposed theme, as well as the existing controversies surrounding the subject, the aim is to problematize the concepts learned, analyze the legal bases that surround it, enabling a perception of how the Brazilian Judiciary is currently dealing with the issue.