Guarda compartilhada coativa e as principais dificuldades em sua implementação

Abstract

The present research aims to explore the Shared Guard institute and how it is imposed in a coactive manner, verifying the main difficulties encountered in practice. Shared custody is provided for in articles 1,583 and 1,584 of the Civil Code of 2002, where it was amended by Laws no. 11,698 of June 13, 2008 and no. 13,058 of December 22, 2014, and also recently amended by Law no. October 2023. Initially, in the first chapter, the study presents a historical concept of family, its evolution, the new existing modalities and the basic principles that govern the family institute. The second chapter mentions the general theory of custody and the modalities existing in the legal system. Thus, the third chapter aims to deepen the Shared Guard Institute by bringing a jurisprudential analysis on the main difficulties that its coercive application can bring. The analyzes were carried out through judicial decisions, which bring these pertinent issues to the judiciary when discussing the best interests of children and adolescents after the dissolution of marriage. The results presented show that in each situation, each specific case, the mandatory form of shared custody can bring benefits and harms, where divergences are demonstrated with the social problems behind its obligation, which despite being focused on the best interests of the child and adolescents is still ineffective in practice. [resumo fornecido pelo autor]