O exercício do poder familiar diante da guarda compartilhada.

Abstract

Contemporary society is constantly changing because of social evolution and the complexity of human relationships, resulting therefore in alteration reflex of Family Law, entailing the need that the legislation, doctrine and jurisprudence be conformed with this new system. In this context the shared custody arise as skillful means to promote better regulation of property and personal effects from the rupture of the parents, causing them to continue sharing the rights and obligations of family power after separation in order to minimize the inconvenience to separation instills in children. It should be noted that the shared custody can also be implemented by couples who never lived together, although it has to be respected the best interests of children. Thus, this scientific research aimed at investigating the development of family power on the stipulation of shared custody and trace the features of family power and the guard institute. The theoretical approach was based on indirect documentation through a literature search in the search for solutions to the question: how the family power can be developed in the demarcation of the shared custody? It was used a line of reasoning grounded in the deductive method, starting from the application of various forms of custody to result in the setting of shared custody. The methods of procedure used were the historical and hermeneutic-normative. It was conducted a detailed study of the institute of family power and the guard through the historical survey and research of their attributes. Finally it was analyzed the shared custody, surrounded by the motives and objectives that enable their practical application. Through this theoretical situation, it was possible search the importance of the implementation of shared custody and the possibility of, even separated, parents to share family power in a joint and harmony family, to promote the best for their children.