Guarda compartilhada como instrumento veiculador de direitos fundamentais e de coibição da alienação parental

Abstract

The present work proposes to analyze the institute of shared custody, in the molds defined by Law 13.058 / 14, as an instrument to disseminate fundamental rights and to restrain the practice of parental alienation defined by Law 12.318 / 10. For this purpose, the dialectical method was used in order to carry out a dynamic analysis between family relations, the dilemmas of the contemporary family and the protection of the interests of the child and the adolescent through the mentioned laws. The analysis revealed that shared custody preserves the best interest of the child and the adolescent, the greater participation of parents in the creation and formation of their children, the effective coexistence of children with both parents and gives parents greater responsibility for Support, education, health and everything else your children need. In this way, it provides a healthier environment for the full development of the child and the adolescent. In addition, it has the dialogue as a mean of solving the dilemmas. In the face of these verifications, it is evident that shared custody serves as an instrument for promoting fundamental rights and combating parental alienation.