CONTEMPORARY PERSPECTIVES ON CHILD SUPPORT COLLECTION: AN ANALYSIS OF THE LEGAL EFFECTIVENESS OF INDIRECT COERCIVE MEASURES

Abstract

This article addresses contemporary perspectives on child support collection, analyzing the legal effectiveness of indirect coercive measures in Brazilian law. Nonpayment of child support compromises human dignity, and due to the insufficiency of direct coercive measures, such as civil imprisonment, indirect measures have been adopted to ensure compliance with the support obligation. The study employs a qualitative and deductive approach, analyzing legislation, doctrine, jurisprudence, and scholarly articles. The objectives achieved involve understanding the applicability and effectiveness of indirect coercive measures, such as suspension of the National Driver's License (CNH), passport seizure, bank account and credit card blockage. The research shows that these measures prove more effective than civil imprisonment, pressuring the debtor without violating their fundamental rights. The application of indirect coercive measures should be analyzed on a case-by-case basis, considering the particularities of each situation, and respecting the debtor's fundamental rights. Child support collection is a relevant social issue, involving the protection of human dignity and the minimization of social inequalities, demanding effective public policies, and strengthening collection mechanisms. The article concludes that indirect coercive measures represent a new perspective on child support collection in Brazil, being an effective and less burdensome alternative to civil imprisonment. Legal practitioners and society must work towards ensuring the effectiveness of child support collection and the protection of the fundamental human rights of the recipients.