A (in)constitucionalidade da prisão civil do depositário infiel

Abstract

The arrest of civil depositary infidel is provided for in Article 5, item LXVII, of the Federal Constitution of 1988 and represents an effective means of constraint to the achievement of specific protection. Meanwhile, the incorporation of the American Convention on Human Rights came to threaten the validity of the civil prison infidel as the depositary that its text has only the imprisonment of civil debtor obligation of food. Thus arose the doctrine an intense discussion about the hierarchy and incorporation of international treaties and the apparent conflict between the two standards. Part of the doctrine advocates the position that the incorporation of the treaty annulled the imprisonment of civil depositary infidel, it is seen that the treaties have constitutional status. Other doutrinadores understands that the American Convention on Human Rights has the force of ordinary law and that the annulment of the civil prison violate the constitutional supremacy, since Article 5 of the Federal Constitution is pétrea clause.