The Third Panel of the Superior Court of Justice ruled that a man must continue paying alimony to his ex-wife, even after more than 20 years without legally challenging the obligation. The Court found that the long period of unchallenged support created a legitimate expectation of continued payment.

According to the rapporteur, Minister Nancy Andrighi, the case involves the principles of suppression

and surrectio. The first refers to the loss of the right to action due to prolonged omission; the second, to the creation of a legitimate expectation on the part of the other party based on conduct adopted over time.

The ex-wife, now elderly and in critical health, depends on the pension for her livelihood and is unable to reenter the job market. The ex-husband, however, has an income compatible with the amount of the obligation.

In view of this, the STJ reinstated the payment of alimony for an indefinite period, recognizing the vulnerability of the beneficiary and the absence of legal or factual justifications to terminate the obligation.