A responsabilidade civil na obrigação de prestação de alimentos

• Autor(a) principal: Limão, Constança Maria dos Santos Martins Monteiro
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159451
• topic: Alimentos; Prestação de alimentos; Responsabilidades parentais; Responsabilidade civil; Responsabilidade civil conexa com a penal; Maintenance; Maintenance obligations; Parental responsibilities; Civil liability; Civil liability connected with criminal liability; Direito

Portuguese society has evolved very significantly in the last 50 years, in line with what has been observed in other European countries, with significant consequences for the institution of the family. In this context, it is noteworthy the substantial increase in the number of divorces as well as dysfunctional families, contributing to the reinforcement of situations of fragility, namely the economic fragility of some or some of its members. Additionally, there has been a considerable evolution in the academic path of young people plus greater accessibility to higher education, leading to a later entry into the labour market, thus staying longer within the parents' household. Now, these developments naturally have implications for the constitutionally sustained maintenance obligation to provide for children, connected with the right to life, which consists in Fundamental Rights. In this sense, there has been an increased concern from the legislator on this matter, seeking to introduce changes in the legal system to ensure the best interests of the most vulnerable in terms of maintenance, with a special focus on children. This understanding is particularly embodied in the criminalization of the violation of maintenance obligations since 1995, meaning that the exhaustion of civil procedures is no longer necessary. Despite the importance of criminalization, which allows for the punishment of violators of maintenance obligations and constitutes an important deterrent, no less relevant is the possibility of the victim pursuing civil proceedings in order to obtain compensation for the damages suffered and to restore the situation prior to the harmful act. In this context, this dissertation aims to address the institution of maintenance, both in a general sense and with greater depth in the context of parental responsibilities. I seek to characterize its legal framework, with a special focus on the civil liability connected with the criminal liability. I try to identify the improvements that have been made in legislative terms, as well as the weaknesses that still exist, including the existence of disagreements in doctrine and jurisprudence and gaps, which continue to lead to situations of financial need for families, particularly affecting children and young people.