Pensão fixada em escritura de divórcio não gera prisão
Uma escritura pública de divórcio é título executivo extrajudicial, com grau de certeza inferior ao do título produzido em juízo, após o contraditório. Assim, não é possível que a dívida de pensão alimentar determinada por escritura pública de divórcio acarrete a prisão do devedor. O entendimento foi adotado pela 3ª Câmara de Direito Privado do Tribunal de Justiça de São Paulo ao analisar Agravo de Instrumento do devedor.
Os desembargadores deram provimento ao agravo, suspendendo a decisão que determinava o pagamento do valor devido a título de pensão alimentícia, sob pena de prisão civil do devedor — prática regulamentada pelo artigo 733, parágrafo 1º, do Código de Processo Civil. A defesa do devedor apontou que o divórcio feito por meio de escritura pública será incompatível com a prisão causada pelo atraso no pagamento.
Relator do caso, o desembargador Carlos Alberto de Salles citou o fato de a escritura ser um título executivo extrajudicial, concordando com a alegação de que a prisão por conta...
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