Aspectos jurídicos sobre o instituto da guarda compartilhada.

Abstract

The present work aims to address the main legal aspects of the shared custody institute, created through the enactment of Law 11,698 of June 13, 2008 and later modified by Law 13.058 of December 22, 2014. It is a study that seeks to further analyze the joint custody legal institute, based on the fact that this is currently the best option to be applied to cases where there is a marital break between the parents or even in cases where it occurs the absence of any conjugal link between them, while providing security and compliance with constitutional principles, the basis for the basic rights of children and adolescents in the Brazilian legal system. Sharing custody is currently the option of exercising custody under the legislation that seeks to minimize the negative effects experienced by minors who are separated from their parents or even from a custody dispute in the judiciary. It will deal with the aspects related to family power, as well as their suspension, dismissal and extinction, considering all the issues that permeate the legal institute of child custody and all forms of custody existing in Brazilian legislation, making a historical evolution legal system of such an institution in national legislation. Such research proves to be too important, since the concept and the family context itself is constantly evolving in time and space, not only in Brazil but throughout the world, so that it becomes legislation to consider this fact, creating and applying the laws with the purpose of effecting the search for the best interest of the child, human being, who by obvious biological conditions is in full physical, mental, moral and cultural development. In order to arrive at the exposed premises, we used documentary and descriptive bibliographical research, as well as the consultation of the national legislation