The principle of the best interest of the child and adolescent in light of the (in)effectiveness of child support enforcement: an analysis within the scope of the Public Defender's Office of the State of Maranhão.

Abstract

This academic study analyzed the enforcement actions of child support petitioned by the Demand Rationalization Unit of the Public Defender's Office of Maranhão in the early months of 2022, focusing on the effectiveness of these processes in relation to the best interests of the child and adolescent. The study addressed the high number of cases brought by single mothers representing their underage children, whose fathers, for the most part, are assisted by the public defender's office and presumed to have limited financial means. The question was raised whether the enforcement actions conducted by the Public Defender's Office were effective in ensuring the well-being of the children and adolescents. One hypothesis suggested the ineffectiveness of enforcement through seizure, as it is rare to find assets that can be seized in the name of the debtors. On the other hand, the use of civil imprisonment was considered effective due to its speed and the accumulated value of overdue child support payments. The study also emphasized the importance of negotiating agreements between the parties during the enforcement phase, as this could ensure the payment of overdue payments with minimal impact on the comprehensive protection of the children. The research methodology included literature review, field studies utilizing scientific articles, books, current legislation, and real cases from the Public Defender's Office of Maranhão. The adopted approach was hypothetical-deductive, exploratory, and descriptive, aiming to generate new knowledge and seek solutions to the presented problem.