A efetivação do principio do melhor interesse do menor na guarda compartilhada.

Abstract

This paper presents a reflection about the realization of the principle of the best interests of the minor in the custody of the institute shared. For both, analyzes, first, the evolution of the family power, and concept and evolution of this instrument within the Brazilian legislation, exercise and characteristics and suspension cases, dismissal and extinction. Posteriorly the guard in general and in shared mode emphasizing Law No. 13,058 / 2014, enacted late last year, as well as other models. In then be analyzed realization of principle of the best interests of the child in joint custody in order to provide a proper family environment for the development of children and adolescents, highlighting its principles and showing the advantages, disadvantages and controversial aspects listed in doctrine, such as disputes, the fixed residence the food, the young age of the child and the time convivial balanced. Examine way, finally, the implementation of shared custody of the institute in cases of disputes, highlighting the importance of Interdisciplinary Team, which will provide a grant to the magistrate for formation of his decision. For scientific, deductive approach method is used, that is, start with a general analysis to be inferred from the analysis of the specific situation. The procedure methods are historical and comparative, as from the analysis of how the child custody Institute evolved in the Brazilian legal system in several times, is going to see that, at one point, the legislator prioritizes guard shared as a modality that meets the guiding principles of the current family law, being applied even in the face of parental belligerence. To carry out the work, will be used from the direct documentary research, through both bibliographic research through books, magazines and electronic items, as case law, through informative Superior Court and judged the Courts of Justice of the United .