A (in)efetividade dos instrumentos normativos na prestação da obrigação alimentar no plano internacional

Abstract

The duty to provide food is an essential right linked to the preservation of the right to life and the dignity of the human person. In order for this to take effect, there will be situations in which the person receiving food will need specific legal assistance to promote the fulfillment of their right to receive food benefits. when the feeder resides abroad, it is important to study the legal rules established between the States and their effectiveness on the practical level. This paper presents an analysis of the normative evolution of International Conventions and Treaties aimed at facilitating transnational communication regarding the provision of international food and the effectiveness of international normative instruments. The research is based on the deductive method, in which the general premises established in the documents used in the construction of the work are analyzed to explain the phenomena and practical consequences regarding the effectiveness of the provision of the international food obligation. It was found that, despite the International Conventions and Treaties on the provision of food, with the objective of facilitating the bureaucracy and processing of requests and reducing the delay of these, when analyzed in the practical scope, they still face several problems in the established procedures, in reason of transnational normative conflicts, informational and technical under-sufficiency of society and legal professionals, etc., consequently bringing impacts that slow down the effectiveness of the provision of food at the international level.