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The right to feeding, a consequence of family links, has a juridical nature due to the rights of the person. It is related to the maintenance of a worthy life and is subjected to a special judicial regime. Based on the decision by the Higher Court of Justice in Habeas Corpus n 439.973/MG, current paper analyzes whether the Theory of Substantial Fulfillment may be employed to refute imprisonment of alimony debtor. Current bibliographical research has been undertaken through the deductive approach involving a review of the literature and juridical survey within the Higher Court of Justice. Results show that the Theory of Substantial Fulfillment, strictly within contractual right, within the hypotheses in which the non-fulfilled part is of scanty importance, is insufficient to solve controversies related to alimony obligations since the partial payment does not remove the possibility of imprisonment of the alimony debtor. [ABSTRACT FROM AUTHOR]