O poder familiar e a guarda como institutos de proteção à pessoa dos filhos.

Abstract

The Brazilian State, in 1988 Constitution, recognized the young population as persons who have rights and it still recognized the need to provide them full protection. This special protection ensures that children and teenagers will be safe from anything that might jeopardize the complete and healthy development of their personality. It represents preservation of all fundamental rights from the Constitution. The family has an important role in development process of the personality's person and the family must ensures the children's rights. However, parents will be among all members of the family group, the main responsible for the execution of full protection to minors. To accomplish this mission, the state gave parents the exercise of family power and all its attributes, including the warden. These institutes should be exercised in order to attend the principle of best interests of children established in the Constitution of 1988. The protection of minors should be the same when their parents are not together anymore. For this reason it is important to search ways for parents continue exercising parenting disunited on equal terms. The joint custody is the most suitable to achieve this purpose, if there are no conditions for its implementation, is essential that the arrangement adopted provides the continued presence of both parents in the lives of children, a situation that undoubtedly favors a balanced formation of the children. In this work is advocated the application of power family about warden because like this, they can fulfill their role of institutions intended to protect the children, as determined by the constitutional text.