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STJ Confirms: Child of Informal Union (Mistress) Has Right to Immediate Alimony. Courts Ensure Provisional Support Even Without Civil Registry of the Father.
Many believe that only children of marriages or formal stable unions can demand alimony. But Brazilian legislation guarantees that the child’s right to sustenance is independent of the parents’ marital status. Article 1,694 of the Civil Code ensures the right of children to request support from their parents. The Child and Adolescent Statute (ECA) reinforces that the priority is to guarantee full protection, without distinction between children of formal or informal unions.
This means that it does not matter if there was marriage, immediate registration, or voluntary recognition: if there are indications of paternity, the courts can establish provisional support to ensure the child’s survival.
How Provisional Alimony Works in Practice
In paternity investigation actions, it is common for the mother to request provisional alimony.
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The judge, considering indications of filiation (such as photos, conversations, witnesses, or even the beginning of a DNA test), may determine that the alleged father pay alimony until the matter is definitively judged.
This mechanism protects the child, preventing them from being left unassisted during the judicial process, which can drag on for months or years.
The Understanding of the Courts
The Superior Court of Justice (STJ) has already consolidated the understanding that the lack of civil registration does not prevent the establishment of provisional alimony.
In the judgment of REsp 1,159,242/SP, the court acknowledged the possibility of granting alimony during the paternity investigation.
State courts also follow the same line. The TJSP and the TJMG, for example, have already ordered the payment of alimony to children of informal unions before a definitive conclusion on paternity.
Examples of Recent Decisions
- In 2022, the TJSP determined that an alleged father should pay provisional alimony of 30% of the minimum wage to a child, even before the DNA test, considering strong indications of the relationship.
- In 2023, the TJRS confirmed a decision that guaranteed immediate alimony to a child of a casual union, stating that the child’s right prevails over the bureaucracy of civil registration.
Equal Rights for All Children
The Federal Constitution, in Article 227, §6, prohibits any distinction between children born within or outside of marriage. That is: everyone has the same rights, including alimony.
This principle guarantees equality and prevents historical injustices that previously marked family law, when children of informal unions were discriminated against.
Experts Reinforce Protection
According to legal expert Maria Berenice Dias, a specialist in Family Law:
“The child cannot wait for the conclusion of a judicial action to eat. Alimony should be granted immediately whenever there are reasonable indications of filiation.”
Family lawyer Rolf Madaleno also emphasizes:
“The obligation of support is a fundamental duty of parents and is independent of marital status or bureaucratic formalities. The child’s right is absolute.”
The Priority Is the Child, Not Bureaucracy
The message from the courts is clear: the child’s right to alimony cannot depend on the formalization of paternity in the civil registry. If there are sufficient indications, the court can and must guarantee provisional support until the definitive conclusion.
Thus, children of informal unions or casual relationships have the same protection as any other. More than a legal issue, it is about respecting the principle of the child’s dignity and ensuring their development.
