Violência Doméstica, Gênero e Guarda Compartilhada: A Proteção da Criança e da Mulher na Aplicação da Lei nº 14.713/2023

Abstract

This study aims to examine the rights of children and adolescents involved in situations of domestic violence, as well as the legal implications of such circumstances in the regulation of child custody, particularly following the enactment of Law No. 14.713/2023, which amended Article 1.584, §2 of the Civil Code to allow the exclusion of joint custody in cases where there is a risk to the physical, psychological, or moral integrity of the child or one of the parents. The first chapter discusses domestic violence from both legal and social perspectives, identifying its types, the protective measures established by the Maria da Penha Law, and the impacts of continued exposure to violence on the development of children and adolescents. The second chapter addresses the constitutional principles of the best interests of the child and comprehensive protection, as well as the historical evolution of custody arrangements in Brazil, questioning the appropriateness of joint custody in violent family contexts. The third chapter focuses on the recent legislative change, the rationale behind Bill No. 2.491/2019, and highlights procedural instruments such as specialized interviews, special testimony, and psychosocial evaluations, which are essential for guiding more secure and protective judicial decisions. The study adopts a deductive approach and relies primarily on bibliographic and documentary research. Based on the analysis presented, the work seeks to reflect on the practical challenges faced by the Judiciary in cases involving domestic violence and custody disputes, considering the need for effective protection of children and women who are victims of domestic violence.