A aplicabilidade da guarda compartilhada face à ausência de previsão legal.

Abstract

The scientific research if considers to deal with the institute of the shared guard, in order to analyze the legal possibilities of the applicability of this modality of guard, as well as its consequences in the Brazilian Right. The objective of the considered subject is to try to the best interest of the parents and the children, way that, after the dissolution of society family, the legal guard of the minors is attributed to both the spouses. The used methods to nullify the increasing quarrel had been the explanation and the historical and comparative. The great questioning is verified that on the subject, mentions absence to it of legal forecast how much to the application of the shared guard, in way that this can be used that always possible to take care of to the best interest of the minor. Conducting thus the following historical problem: Must the Right if hinder and deny the minors and its parents the right to exert with amplitude the parents relation? E the following hypothesis: Not, therefore the Right, while Socialy Science, has the duty to follow the socialy advances of form to propitiate norms that better adjust the decurrent relations of the conviviality in society. The shared guard, under egide of the principles of the integral protection and the family convivention, i f configures as the best form to preserve the family relations between parents and children, being nullified the controversies in moving to the exercise of the guard, guaranteeing to the minors the right to a full development, and to live and to grow in an environment to salution, enjoying of the presences mother and dad in equality conditions.