Guarda compartilhada e alimentos na perspectiva civil – constitucional

Abstract

The shared custody, initially introduced by Law No. 11,698 of June 13, 2008, and subsequently instituted by Law 13.058, of December 22, 2014, as the principal modality of custody established in Brazilian law, provides, in its a sharing of the rights and duties of the parents, essentially due to the responsibility existing in paternal-filial relations and the supremacy of the principle of the best interest of the child and the adolescent. However, despite the efforts of the legislator and the new awareness brought by the Federal Constitution of 1988, especially with regard to the duty of solidarity and equality of family power for both parents in matters relating to children, this institute is the scene of many questions such as the duty of support for the parent who does not have as his or her home reference, to continue to bear the needs of the child. In this scenario, the main purpose of this article is to carry out a critical-reflexive analysis about the shared custody institute, with properties to promote a broad understanding and effective application of this modality. In order to do so, the study will initially cover a brief historical understanding of the concept of family and the new dimension of custody in Brazil, collating, on an occasion, jurisprudential elements that match the dynamics that will be presented here. Subsequently, differentiating the types of guard and their correlation with the duty to provide assistance, whether material or not, the challenges and perspectives that guide sharing will be set out in detail.