VIANA, G. P.; VIANA, Giovanna Pereira.
Abstract:
This scientific study it displays to the presentation of the unfeasibility of the
guard shared in the contentious separation. Explana what it is the institute of
the guard of, general way, in the Family law, esmiugando its modalities and
the criteria for its determination. The guard suffered mutations in elapsing of
history due to the fact, mainly, of the woman to have conquered its
professional space, is analyzed in this study to understand itself as it must be
granted the guard in the current processes. A detailed analysis becomes of
what it comes to be the shared guard, as was arrived at such solution, as was
possible and accepted in the native order before the promulgation if its law n 0
11,698 of June of 2008, also approaching its advantages and disadvantages.
Finally, advantageous hypothesis of the joint guard in the amicable separation
cases reveals to it and its inefficacy in the litigious cases because the
psychological beddings give base for such deduction. Still it points its
consequences as change of domicile, educational formation, foods, visits and
civil liability. The methods had been used exegetico-legal, for the interpretativa
analysis of the referring legal prerogatives to the subject; e the evolutivo
description, that it searchs to present the evolution of the Institute of Shared
Guarda One searchs by means of the present scientific work established in a
generous research bibliography, to collect arguments, to raise suggestions for
the enrichment of the debates concerning the subject.
