QUEIROGA, J. J.; QUEIROGA, José Jackson de.
Résumé:
The study addresses the guardian institute of children when the separation of their
parents with a view to find and validate solutions to minimize the harmful effects to
which minors are subject in their hipervulnerabilidade. In this sense the legal concern
to analyze whether the shared custody as well as the mediation institute, instruments
are able to make minimum the after-effects from the dissolution of the link between
the parents. The effects of the dissolution of the marriage bond, with the damage that
family breakdown cause in the offspring of life because of the possible feeling of
abandonment by a parent, focusing on parental alienation as a priority issue in the
discussion, where the behavior triggered by the custodial parent It aims to limit or
prevent the interaction of the other parent with the common son. For clarification of
the legal debate and a better understanding of the subject, is drawn, first, a brief
history of family power, from its genesis until its replacement with the Brazilian Civil
Code of 2002 and two types of custody: a shared and unilateral , backed by the
principle of the best interests of the child and solidarity. Also deals with the
effectiveness of mediation that intuits in preparing the way for a friendly marital
dissolution, preventing the dispute is prolonged and wear are perpetuated by getting
a please in solution in the best interests of the child in the responsible decision,
showing that mediation is extremely viable and shared custody the most effective.
