Guarda compartilhada: vantagens para pais e filhos e avanços de instituto para o direito de família brasileira.

Abstract

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.