Análise do instituto da guarda compartilhada como premissa para o melhor interesse do menor.

Abstract

Faced with the social transformations that occurred during the 20th century, Family Law needed to adapt to the new reality that was observed in society, considering that the woman left the condition of mere wife and mistress of the home, entering the market of work, and the man, consequently, began to assume more responsibilities in the family context. From the promulgation of the Federal Constitution of 1988, which established equality between men and women, family power was conferred equally on both parents, reflecting directly on the relations of parents and children, especially in guard actions. With the enactment of Law 11.698/2008, the shared custody modality became the rule in the Brazilian legal system, and this should preferably be adopted when the dissolution of the conjugal bond involves minor children. In this sense, the present work aims to analyze the foundations of shared custody and its applicability in the Brazilian legal system, exposing the advantages that the application of this type of guard presents to meet the best interest of the child. In order to do so, we analyzed the legislative evolution of child custody in Brazil, the insertion of shared custody in the country, the new aspects arising from Law 13.058/2014 and the advantages of establishing this model of custody, in order to children and adolescents. The methodology used was the bibliographic research, through which data were collected in books, magazines and specialized websites, in order to build the theoretical reference and to base the discussion.