Os alimentos compensatórios no sistema jurídico brasileiro

Abstract

This article addresses the legal institution of compensatory maintenance provided for in article 4, sole paragraph, of the Food Law, its nature and its application by the Courts. The objective is to demonstrate the indemnity nature and the compensatory nature of the institute, with the main focus on the study based on the exclusive maintenance of common assets by one of the spouses/partners, based on the legislative provision of the institute in the Brazilian legal system and its jurisprudential perspective, focusing on the Superior Court of Justice and the Court of Justice of Rio Grande do Sul. It is concluded that compensatory alimony aims to pass on to the spouse evicted from possession of common property, the part that is owed to him in the fruits, which is why they are compensatory in nature, of an obligatory nature between the spouses/partners, as it is a financial transfer to the other spouse's assets, as the profits that the assets generate monthly are their property. They do not comply with the binomial necessity x possibility, therefore, regardless of the income that the spouse/partner has, the fruits of their assets are theirs and, therefore, must be passed on, until the sharing is carried out in the divorce process. or in the dissolution of the stable union, and may even be combined with maintenance of another nature.