A revisional de alimentos sob o enfoque da alteração do trinômio possibilidade x necessidade x proporcionalidade devido à constituição de nova prole pelo alimentante.

Abstract

The present final paper aims for graduation treats with the theme "the revision of foods under the focus of the changes of the trinomial possibility x necessity x proportionality due to the constitution of new offspring by the reponsible to feed", highlighting the evolution of the family models in our society, as well as the relation with the family's financials support obligation. In addition, the objective is to demonstrate the parameters for food fixation for those who have this necessity, as well as the criterions that are analyzed when reviewing it, under the point of view of family planning and responsible parenthood. Finally, it is intended to present the understanding of the jurisprudence of the Rio Grande do Sul state about the subject, based on the positions of the Seventh and Eighth Civil Chamber of the Justice Court of the State of Rio Grande do Sul, analyzing the conflicting arguments which serve as base their decisions. For the accomplishment of the study, the hermeneutic methodology is used, that allows the analysis of the legislation, of the bibliography and the jurisprudence about the subject. Thus, it will be answered if would be really plausible the reduction of the value of the already established food obligation, based on the argument of the constitution of new offspring by the reponsible for feed in detriment of the feeded. Through the jurisprudential analysis, it can be concluded that there is no consolidated understanding about the food review based in this argument. However, will be seeked to explain in the present study the reasons why the position of the Eighth Civil Chamber looks more appropriate with the guiding principles of Family Law.