FERNANDES, N. M.; FERNANDES, Noélia Maria de Almeida.
Résumé:
The model of shared guard is an alternative in the face of modern parenting
concepts, with the main aim to continue the exercise of parental authority for both
parents regarding their children, since grants isonomy the legal custody of children,
even in front of the marital breakup. Thus, consistent with the best interests of the
child principle and focuses on equality between the parents as it provides more
contact between the children with their parents. It is asked as to the feasibility of
applying the method of shared custody for parents and children before the parents'
marital discord, as well as advances provided to family law parental rights before
their introduction into the legal system. Thus, the objective is to seek clarification
about the possible advantages of adopting the form of shared custody to parents and
sons and their contribution to family law. Desiring to achieve this goal, it was
employed the deductive methods, historical and evolving legal and exegetical, as
well as indirect search technique, which made use of bibliographical data from law,
jurisprudence and doctrine. This time, it was found that the shared custody
arrangement offers the best arrangement to solve the problems existing within the
family, since it is the one that best fits the face of today's family situations, however,
there must be consensus and interest of those involved so that we can actually
achieve the purpose sought by the institute, which must be encouraged by legal
practitioners. Thus, its inclusion represents an advance in the Brazilian legal system
on the bases set of principles adopted by the system and the current needs in the
social environment.
