A necessidade de aprimoramento do instituto da guarda compartilhada para a eficiência na sua aplicação

Abstract

The purpose of this study is to clarify the shared custody institute and demonstrate how it became the rule in the Brazilian’s laws, through the modifications imposed by the Brazilian Civil Code due to Laws Nos. 11,698, 2008 and 13,058, of 2014. This explains how the evolution of family models contributed to the equality of spouses and stipulated to each of them the duty to care for their child, acting as a guarantor of their fundamental rights, foreseen with the advent of the Federal Constitution of 1988. Currently, marital separation rates have expanded and consequently the demands that involve the custody of the vulnerable child. The application of the shared modality should suit the situation with which the offspring are found, so as not to prejudice the citizen's education of the under age. By the way, this study aims to reveal the lack of parameters of this institute so that its employment is efficient within the family destined to it, noting the indispensability of the follow-up of the multidisciplinary team even after the decision, as long as it is determined due by the professionals themselves.