THE RELATIVIZATION OF THE PRINCIPLE OF NON-REPETITION DUE TO GOOD FAITH

Abstract

This study aims to examine the obligation to provide alimony within the Brazilian legal system, with particular emphasis on the principle of the non-repetition of alimony and the possibility of its relativization when bad faith on the part of the creditor is identified. Initially, the legal concept of alimony is analyzed, including its nature, constitutional and civil foundations, as well as its requirements, characteristics, classifications, and the parties involved in the alimony relationship. Subsequently, the study addresses the principle of non-repetition, traditionally understood as a consequence of the dignity of the human person and the protective function of alimony payments, highlighting its recognition in both doctrine and case law, including Precedent No. 621 of the Superior Court of Justice. However, it is demonstrated that this principle is not absolute and may be relativized in exceptional circumstances, particularly when bad faith, fraud, or unjust enrichment of the recipient is established. The research also examines the application of the principle of objective good faith in family law, emphasizing legal doctrines such as venire contra factum proprium and tu quoque, which support the possibility of restitution of improperly paid amounts. Finally, it is concluded that the relativization of the non-repetition principle serves as a balancing mechanism between the protection of the recipient and the prohibition of unjust enrichment, promoting fairness and equity in family law relationships.