A obrigatoriedade normativa da audiência de custódia nas prisões civis por dívida de alimentos

Abstract

The paper addresses the importance of the first appearance hearing and civil imprisonment for debt related to child support. The custody hearing is a fundamental stage of the judicial process that aims to protect the accused's rights and prevent them from being illegally or unnecessarily detained. On the other hand, civil imprisonment for child support debt is an important measure to ensure compliance with support obligations and protect the rights of vulnerable individuals, but it should be used as a last resort. The second chapter presents a geographical overview of the custody hearing and civil imprisonment for child support debt and their alternatives. It discusses how the custody hearing is applied in different countries around the world and how child support debt is treated internationally, with a focus on the sanctions applied in cases of noncompliance with support obligations. The third chapter deals with international human rights treaties and their incorporation into Brazilian law, as well as discussing Brazilian infraconstitutional and administrative norms and their proper application. It addresses how Brazil has committed itself internationally to protecting and promoting human rights, including the rights of prisoners and child support debtors, and how these commitments are reflected in the domestic legal system. Finally, the fourth chapter examines the obligation to provide support and the rules that should govern any imprisonment, including imprisonment for child support debt. It discusses how support obligations are regulated by Brazilian law and how they can be enforced, including the possibility of imprisonment in case of non-compliance. It also discusses the principles that should be observed during any arrest, such as due process of law, presumption of innocence, and respect for human dignity.