LEGAL CHALLENGES IN THE PAYMENT OF INTERNATIONAL ALIMONY

Abstract

This article aims to explore the challenges involved in enforcing child support when the obligor resides outside Brazil. The analysis encompasses Brazilian legislation that secures this right for children and adolescents, as well as international treaties to which Brazil is a signatory. The study seeks to understand to what extent this essential right for the maintenance of the dependent is protected in transnational contexts. A central point to be addressed in this study is the process of carrying out the necessary procedures to ensure the enforcement of the right to child support, even when the obligor resides outside Brazil. The effectiveness of the methods used to enforce this obligation remotely will be examined, as well as the mechanisms that aim to ensure that the obligor continues to fulfill their responsibilities despite being outside Brazilian territory and, therefore, beyond the direct reach of penalties established by Brazilian law. For the development of this article, research was conducted using scientific articles and undergraduate theses that explore the topic, as well as consultations with Brazilian legislation and relevant international treaties. Structuring the study requires a detailed analysis that considers both the child’s rights and the obligor’s duties, with the goal of rigorously extracting the necessary content for the development of the work.