Uma abordagem sócio-juridica do instituto da guarda compartilhada frente á autoridade parental.

Abstract

The disruption of marital life of a couple generates effects of order for all personnel and assets that are part of that family, deserving highlight issues relating to children, such as the right of custody. In this crotch Topping the shared custody as an alternative safe, to enable the joint exercise of parental authority, based on constitutional principle that puts equality in men and women, mainly about the conjugal duties, and in the best interest of the child. For the realization of this study are used to search literature, the history-changing methods and the exegetic-legal, to examine the applicability of shared custody in Brazilian law as well as discuss the continued exercise of power by both family parents when adopting this type of custody and, moreover, will address the institute's custody. To that end, the work was structured into three chapters. The first deal of the Office of the family and its peculiarities, the second will be a broad analysis of the guard, and the third was to have shared custody, examining the advantages and disadvantages of its acceptance, but also the consequences of their applicability. There will be that the relevance of this issue is to seek a solution to the fate of the children from the end of the union of his parents in the way that brings less aggressive and less trauma to minors. Thus, the problem has been made about whether the adoption of shared custody has more benefits for parents and children than the other forms of custody. The hypothesis put forward is that as a joint custody allows parents separated participate on equal terms in the lives of children, their adoption is the best way to protect the rights of children and parents. Driving is so, the finding is that for the children of separated couples who maintains a climate of respect and cordiality among themselves, the shared custody should be the measure adopted in judicial decisions that accept the observance of this institute