As vantagens e as desvantagens do instituto da guarda compartilhada frente ao princípio do melhor interesse da criança e do adolescente

Abstract

The object of the research was to address the advantages and disadvantages of the institute of shared custody in view of the principle of the best interest of the child and adolescent, from the enactment of Law n. 13,058/2014. To achieve this purpose, the main conceptual aspects of power and the exercise of family power were studied, as well as its historical evolution, forms of extinction, loss and suspension of family power. It was also analyzed the concept of child custody, its current modalities in the Brazilian legal system and, mainly, the limits and possibilities of shared custody through the study of Brazilian jurisprudence. The general objective of the research on screen was to highlight the importance of the joint custody institute to meet the principle of the best interest of the child and adolescent, in which the children will have the chance to live, in a more harmonious way, with both parents, seeking balance and equality in rights and duties. Shared custody is an effective and adequate institute to prevent, resolve conflicts and overcome several recurring controversies, such as in cases of parental alienation. The inductive method, the source of bibliographical and jurisprudential research, the referent, category, operational concept and filing techniques were used.