Execução de alimentos na pandemia: análise das alternativas do poder judiciário brasileiro à prisão civil

Abstract

The Covid-19 pandemic highlighted the weaknesses of the Brazilian prison system. Faced with this crisis, the need arose to implement alternatives to civil prison, not just to contain the spread of the virus in prisons, but also to ensure a fair approach in the face of extraordinary circumstances in return for the vital need to provide food for hyper vulnerable individuals. This study seeks to answer the following question: What alternative methods to civil imprisonment have been effectively used by courts during the execution of food in the context of the pandemic? The general objective is to classify the legal mechanisms adopted as alternatives to civil imprisonment during the execution of food, with a special focus on the context of the Covid-19 pandemic. The research uses qualitative methodology, using a deductive perspective and phenomenological understanding, using doctrine, scientific articles, legislation, recommendations and judgments of the Judiciary Brazilian. During the pandemic, the Judiciary adopted recommendations, judgments and responses legislative, seeking to adapt to exceptional conditions, highlighting the evolution of understanding regarding the application and accumulation of executive techniques. The article also analyzes the post-vaccination impacts and highlights efficient alternatives and reveals the constant search by the Judiciary for balance between procedural effectiveness and social conditions.