OS IMPACTOS DA PANDEMIA DA COVID-19 NAS AÇÕES DE ALIMENTOS

Abstract

The present study is the result of bibliographical and exploratory research of literary articles, legal provisions and recent jurisprudence of the Brazilian legal system, which show the impacts caused by the pandemic of COVID-19 in Brazilian society. Therefore, this approach aims to discuss the legal aspects of the duty to provide food and the right to receive it in the necessary quantum for the maintenance of their dignified survival, within the pandemic reality, analyzing how the legal system can be interpreted to provide, in fact, an appropriate solution to conflicts of interest in this unprecedented situation, until recently, for all mankind. The study shows the legal developments in face of possible revision actions in search of reduction, increase or exoneration of previously fixed installments. The position of the National Council of Justice (CNJ), regarding the nature of the attachment of the emergency aid created by the federal government, in the face of food debts, as well as the execution of defaulted actions, and the possible civil imprisonment, given the recommendation of the CNJ in applying home detention among other alternative penalties in order to preserve the debtor's health, and thus avoid the risk of contamination, or even, the conditions of creating an entry way for the virus to install itself within the prison system which does not have satisfactory sanitary conditions for epidemiological safety in general.