(In)applicability of the supressio institute in the matter of maintenance

The present book is the result of a study carried out on the institute of supressio in the matter of food in family law; if it is possible to apply such institute, an unfolding of objective good faith, in relation to food. For this, it is part of the idea of objective good faith to be a general clause of behaviour to be respected, under penalty of its disregard lead to abuse of rights, enshrined by the Civil Code of 2002. It is also presented the emergence of objective good faith in the Brazilian legal system, as well as its functions, attached duties and the institute of suppressio. It is also about the transformation that the family underwent, mainly due to the issue of the Federal Constitution of 1988. It is discussed, still, the issue of food, analyzing its main characteristics and hypotheses of fit. The objective good faith is analysed in the context of Family Law, pointing out its feature of general duty of collaboration and reciprocal loyalty between the subjects. Finally, it is presented the divergent position of the doctrine about the application of supressio in the matter of food, as well as the position of jurisprudence that, depending on the concrete case, applies or not the supressio.

Autorentext

Ana Letícia Cechinel Guidi. Avvocato. Studentessa di Master in Diritto presso l'Università Federale di Santa Catarina. Specialista in Diritto societario e commerciale presso il CESUSC. Laureata in Giurisprudenza presso la Scuola CESUSC. Membro del gruppo di ricerca sul diritto di famiglia e delle successioni presso l'UFSC. Autore dell'articolo.