Guarda compartilhada: a preservação do vínculo entre pais e filhos.

Abstract

This study is to analyze the institution of custody shared custody arrangement which calls for the children's interaction with both parents, safeguarding the interests of the child and equal rights and duties of parents after marital breakdown. It is appropriated to study the issue given the tendency of national courts to grant custody under this modality, in addition to his recent legal recognition in our law. In this research is examinated the issue of custody of children, noting briefly the institutes related to the family power, guardianship and trusteeship, highlighting the peculiarities distinctions with other kinds of care, the advantages and disadvantages of shared custody. For this, using the method of deductive approach, the various forms of custody have been analyzed so that one could make conclusions about the shared custody. As a method of procedure was used historical comparison by which to investigate the origin and evolution of the office of the guard, comparing the similarities and differences of various types exist in national law, as well as compared to the alien guard, framework the method-hermeneutic for the interpretation of legal provisions concerning the custody. For the research technique of indirect documentation, there was a guard through legal documents, particularly the Federal Constitution, Civil Code and the Children and Adolescents, by documentary research, and met its theoretical features of doctrines and scientific articles the literature. Therefore, through the hermeneutic method, were used references to legislation, particularly the Federal Constitution, Civil Code and the Children and Adolescents. For the analysis concludes that the type of custody hereof is the one most responsive to the expectations of modern parents, due to the possibility of greater contact with children even after legal separation, divorce or dissolution of the stable, and provides good mental, social and emotional child.