ANDRADE, D. V.; ANDRADE, Danielle Vanessa Alves.
Résumé:
This study is to analyze the institution of custody shared custody arrangement which calls for
the children's interaction with both parents, safeguarding the interests of the child and equal
rights and duties of parents after marital breakdown. It is appropriated to study the issue given
the tendency of national courts to grant custody under this modality, in addition to his recent
legal recognition in our law. In this research is examinated the issue of custody of children,
noting briefly the institutes related to the family power, guardianship and trusteeship,
highlighting the peculiarities distinctions with other kinds of care, the advantages and
disadvantages of shared custody. For this, using the method of deductive approach, the
various forms of custody have been analyzed so that one could make conclusions about the
shared custody. As a method of procedure was used historical comparison by which to
investigate the origin and evolution of the office of the guard, comparing the similarities and
differences of various types exist in national law, as well as compared to the alien guard,
framework the method-hermeneutic for the interpretation of legal provisions concerning the
custody. For the research technique of indirect documentation, there was a guard through
legal documents, particularly the Federal Constitution, Civil Code and the Children and
Adolescents, by documentary research, and met its theoretical features of doctrines and
scientific articles the literature. Therefore, through the hermeneutic method, were used
references to legislation, particularly the Federal Constitution, Civil Code and the Children
and Adolescents. For the analysis concludes that the type of custody hereof is the one most
responsive to the expectations of modern parents, due to the possibility of greater contact with
children even after legal separation, divorce or dissolution of the stable, and provides good
mental, social and emotional child.
