PEDROSA, M. A. M.; http://lattes.cnpq.br/0422145356750044; PEDROSA, Maria Amelia Mendes.
Résumé:
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.