A (in)aplicabilidade da audiência de custódia na prisão cível ante a falta de regulamentação legislativa no Código de Processo Civil

Abstract

Prison is a term that refers to the criminal process and punishment. However, there is also civil imprisonment, used in civil proceedings, in relation to child support arising from the duty of parenthood. The right under consideration is based on the Right to Life, which is essential for the subsistence of the child, justifying coercion through the imprisonment of the alimony debtor. The use of a custody hearing began after the act of imprisonment to safeguard the debtor's rights at the time of entry into the prison system, using the procedure described in the criminal procedural sphere. The objective of this work was to analyze the applicability of the custody hearing in civil imprisonment from a legal perspective, observing the rules of the Civil Procedure Code and the Criminal Procedure Code. The method used for the research was inductive, with bibliographic, jurisprudential, and legislative analysis. In this research, it was possible to observe the recent application of the custody hearing and a notable discussion regarding its necessity in all forms of imprisonment. In this regard, considering the necessity of the custody hearing, given its primary objective of safeguarding the human rights of the parties, including its applicability in civil imprisonment, it was possible to ascertain that, although there is no legislation expressly permitting the application of the criminal procedural norm in the Civil Procedure Code, the existing omission is resolved through a hermeneutical approach.