Guarda compartilhada: sua inviabilidade na separação litigiosa.

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.