TRANSITIONAL FOOD PENSION: ANALYSIS OF THE POSSIBILITY OF ADVISING A REVISIONAL ACTION

Authors

  • Monalisa de Brito Rodrigues Faculdade Independente do Nordeste (FAINOR), Vitória da Conquista, Bahia, Brasil, rodrigues.monalisa@hotmail.com https://orcid.org/0000-0002-4405-3740
  • Rogério Borba da Silva Universidade do Estado do Rio de Janeiro (UERJ), Rio de Janeiro, Rio de Janeiro, Brasil, rogerioborba@gmail.com https://orcid.org/0000-0002-1748-473X
  • Ricelle Brandão Barros Faculdade Independente do Nordeste (FAINOR), Vitória da Conquista, Bahia, Brasil, ricelle_barros@hotmail.com

DOI:

https://doi.org/10.5216/rfd.v45i2.61502

Abstract

Transitional maintenance is accepted as lawful by jurisprudence and doctrine, although there is no specific law on the possibility of granting term maintenance. This type of alimony is understood as that fixed to the ex-spouse or ex-partner, with a certain term, as mentioned. When the former spouse feeding has full conditions of insertion in the labor market or is already working, let alone if this work is sufficiently able to maintain it with the same social status that previously enjoyed or raise it to higher levels, shall be the exonerated feeder of the obligation. Transient foods are automatically extinguished, requiring no exoneratory action. In the face of such assumptions, the question arises: would it be wise to maintain alimony, even if it ends, even if in the course of that fixed period there is a change in the debtor's material condition or even the creditor's real need? Thus, in view of this research, the work was developed through the bibliographic methodology, using the deductive method, through a bibliographic review with exploratory research, aiming to substantiate the possibility of revision action in the context of the transitional alimony; understand the purpose of the revision action in the course of the existence of transitional maintenance, and similarly analyze the requirements for entry of a revision action in the course of a common and a transitional alimony.

 

Keywords: Family Law. Alimony. Transitional foods. Review Possibility

 

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Published

2022-01-01

How to Cite

RODRIGUES, M. de B.; DA SILVA, R. B.; BARROS, R. B. TRANSITIONAL FOOD PENSION: ANALYSIS OF THE POSSIBILITY OF ADVISING A REVISIONAL ACTION. Revista da Faculdade de Direito da UFG, Goiânia, v. 45, n. 2, 2022. DOI: 10.5216/rfd.v45i2.61502. Disponível em: https://revistas.ufg.br/revfd/article/view/61502. Acesso em: 16 aug. 2024.