A ilimitação do grau de parentesco para prestação de alimentos: uma análise da Defensoria Pública de Marabá

Abstract

It is the majority understanding that the duty to provide food from collateral is limited to the second degree, however in the case of the right to inheritance this degree reaches fourth-degree relatives, clearly demonstrating inequality of law by conferring rights and not assigning duties . Thus, it is necessary that this reality be modified, so that it is the collateral called to fulfill the obligation to provide food, verified the impossibility or absence of those who would be the first defendants, always observing the binomial necessity possibility and never disrespecting the order of obligations brought by the Civil Code, so as to make prevail principles such as solidarity, isonomy and dignity of the human person.