Base de cálculo da pensão alimentícia destinada aos filhos menores

• Autor(a) principal: Palagio, Renata Bitencourte
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6231
• topic: Direito de família; Alimentos; Filhos menores

OBJECTIVE: To analyze the basis of calculation of child support for the minor children. METHOD: The level of exploratory research was used; as for the approach, the qualitative method; as to the level of research, the exploratory modality, which aims to provide a broader and closer view of the subject, allowing a better understanding of the author of the object of study; as far as the data collection procedure was concerned, bibliographical and documentary research were applied, since they were the ones that best met the objectives of this monograph, using books, doctrines, as well as Brazilian jurisprudence and law. RESULTS: Family law is guided by constitutional principles. The word food, legally, means all the periodic benefits necessary to provide for the survival worthy of the human person. These are characteristics of the right to food: non-renunciability, intrasmissibility or non-transferability, imprescritibility, impenhorability, incompatibility, reciprocity, inalienability, impossibility of restitution. The action of food is the specific procedural means made available to the person who, by kinship bond or by marriage, has the right to claim from another person the payment of pension. CONCLUSION: For the calculation of the alimony, the current income of the nourisher has been taken into account, without affecting indemnity funds, social security and income tax. On the basis of the study carried out and in the cases examined, it has been found that there is a divergence in doctrine and case-law as to how the calculation basis for alimony is to be calculated, and then a rule has been followed in case law. principles of family law and doctrine on the subject. As a rule the Courts have considered the application of a percentage on the net income of the one that is employed, and not being, percentage on a certain value, using as parameter the minimum wage. In Santa Catarina it is usual to apply 20% on the gross income of the debtor or 30% of a minimum wage in case of unemployment.