Guarda compartilhada compulsória: análise jurisprudencial

Abstract

The purpose of this study is to analyze the Guardian Institute and its applicability by the judiciary, having as its main objective the analysis of the guard relationship with the breakup of the conjugal relationship, dissolution of the stable union. The work of the Judiciary is very important because it is a way to protect the child and the adolescent when it involves litigation or not, between the parties involved in the divorce. Thus, the specific objectives will succinctly address the historical context, as well as, the evolution of family power, and in this context the guard as an instrument to protect the offspring, pointing out the types of custody in our Brazilian order and the principles that family law. The present study will be carried out through the deductive method, analyzing the performance of the judiciary through the jurisprudence of the STJ that involves the guard that best serves the interest of the child and the adolescent, and confirming what the documentary data that point us the applicability of the guard compulsorily by the judge aiming at a better interest of the child and the adolescent. In this same line of thought, it will be demonstrated the importance of a multidisciplinary team in the applicability of guard, whose purpose is to work together with the judiciary assisting in complex cases or not.