Análise jurídica dos aspectos da guarda compartilhada.

Abstract

This present work has the purpose to explain the main aspects of shared custody and show that due to the current social evolution is the mode that best meets the child's interests, since it entails continuing parental authority equally, preserving the relationships between parents and children even after the dissolution of marriage and consequently decreasing the painful effects of separation. It is examined the characteristics and evolution of the familiar power, under Brazilian and in comparative law, because the guard is linked directly to the respective institute. It was studied the main guard modalities, with the goal to compare and attest that in most cases the application of shared custody is the best solution. Were used as references for composition and enrichment of this work, the Federal Constitution of 1988, the Civil Code of 2002, the Statute of Children and Adolescents, as well as various specialized doctrines.