A antinomia jurídica em relação ao prazo da prisão civil do devedor de alimentos: Lei de Alimentos (Lei no 5.478/68) ou Código de Processo Civil de 2015?

Abstract

This work analyzes the legal antinomy between article 19 of the Food Law (Law no 5.478/68), which establishes a civil prison term of up to 60 days for the food debtor, and § 3 of article 528 of the Code of Civil Procedure 2015, which determines a period from 1 to 3 months. This is a bibliographical review that examines normative, doctrinal and jurisprudential divergences, using the deductive method to reach reasoned conclusions. The objectives are to analyze these † divergences, evaluate the application of conflict resolution criteria and propose a definitive solution through legislative intervention. It is concluded that, although the Code of Civil Procedure 2015 prevails over the Food Law, legislative intervention is necessary to resolve the issue definitively, ensure greater coherence in judicial decisions and reduce legal uncertainty in the execution of food.