O litisconsórcio necessário dos cônjuges e as dívidas contraídas em favor dos filhos

Abstract

This article aims to examine the applicability of the litisconsorcial institute when involving spouses in debt proceedings related to their children, considering due legal process and fundamental rights. The importance of the topic is justified due to the theoretical discussions that even contributed to the Extraordinary Courts, pointing to different interpretations. The objective is to study the civil responsibility of parents towards their children and the limitation of this responsibility in the procedural scope. Using a bibliographical review and case analysis, the research combines a multidisciplinary approach, in which the study's final scope is to investigate the obligation of the necessary joint agreement of both spouses in processes of knowledge of debts in favor of the children, analyzing the practice, legislation and judicial decisions. Throughout the article, the seizure of a spouse's assets without summons is questionable, emphasizing the need to guarantee due legal process, noting that in specific situations, the solidarity of debts between parents needs to be carefully evaluated.