Guarda compartilhada: implicações na prática jurídica

Abstract

This research is about joint custody, from the changes introduced by Law No. 13,058/2014 in the Brazilian Civil Code, which established it as a rule. The objective of this work is to verify if, in practice, the healthy development of children and teenager is ensured with this modality. Given the legislative inaccuracy about sharing, there is a need for a more in-depth analysis of the institute to verify its possible implications in legal practice. Through the deductive method and bibliographical research, we sought to analyze, initially, the effects of the rupture of affective relationships on the children, as well as the evolution of the custody institute in the Brazilian legal system. It was also investigated, through judicial decisions of the Court of Justice of the State of Rio Grande do Sul, the criteria used to assess the competence of both parents to exercise family power. As a result, analyzing the judgments handed down by the 7th and 8th Civil Chamber of the Gaucho Court in 2020 and 2021, it was found that joint custody is not established only in very specific cases, involving, for example, situations of violence against children, negligence and disorganization regarding parental responsibilities, lack of interest in exercising custody, among others. Therefore, it is concluded that the existence of litigation between parents does not constitute an obstacle to the application of shared custody and that the interdisciplinary work between Law, Psychology and Social Work has been an important tool for the resolution of demands that concern about children custody.