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Impossível não constatar que a pandemia provocada pelo Coronavírus tem causado um cenário de instabilidade com impactos econômicos incalculáveis. Com essas circunstâncias novas e excepcionais, surgem muitas dúvidas, dentre as quais podemos destacar a temática da obrigação de prestar alimentos.
Inicialmente, pertinente destacar que o desemprego ou eventual decréscimo financeiro, de per si, não se presta a fundamentar ou justificar a ausência do adimplemento de alimentos. Todavia, é importante que vejamos a questão diante do contexto de desordem que passamos, buscando amenizar os danos aos filhos, todavia sem esquecer do direito constitucional daqueles que precisam da pensão para sobreviver.
Sabemos que o direito de receber alimentos tem vinculação – dentre outros – com os direitos constitucionais da preservação da dignidade da pessoa humana e da vida. Assim, por mais difícil que pareça ser o contexto atual, não podemos nos afastar da observância do binômio: necessidade x possibilidade, na regra de fixação dos alimentos.
Neste sentido, no momento da fixação da prestação alimentícia se faz necessário sopesar a necessidade do alimentado com a possibilidade financeira do alimentante. Isto é, o valor da pensão deve atender a necessidade de quem requer e a possibilidade financeira de quem oferta.
Assim, na impossibilidade do alimentante arcar com o ônus da concessão dos alimentos, podemos levantar a possibilidade da viabilidade do auxilio alimentar por familiares que possuem renda fixa (observado os requisitos legais).
Fato é que a existência do Covid-19 não pode ser invocada indistintamente para fundamentar o descumprimento de obrigações legais, patente que não deve servir de salvo conduto para ilegalidades.
Sendo assim, não há que se falar em qualquer suspensão do dever de prestar alimentos, mesmo diante da pandemia.
Caso a pandemia gere algum reflexo considerável na condição econômica do alimentante, incontroverso que deverá o mesmo comprovar de maneira cristalina sua afetação em decorrência do COVID-19 (Ex.: demissão, diminuição de renda, rescisão de contratos, etc).
Se já existe atraso no pagamento ou algum tipo de empecilho que obste o cumprimento integral da obrigação alimentar, procure imediatamente um advogado para dirimir suas dúvidas.
A falta de pagamento dos alimentos pode causar severos prejuízos ao alimentado, além de graves repercussões para o alimentante inadimplente.
Portanto, se existem razões para buscar a revisão do valor de pensão, utilizando o bom senso, busque auxilio de um profissional habilitado para realizar um acordo provisório ou adotar a medida mais adequada, visto que a formalização do ato pode evitar questionamentos, bem como afastar contendas judiciais futuras.
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