Guarda compartilhada: entre a vontade do legislador e as decisões judiciais

Abstract

This article aims to analyze whether the institute of shared custody is being applied in decisions in accordance with the will of the and the best interests of the child and adolescent. When analyzing the precedents of the shared custody modality, it is possible to find a pattern in the deliberations, especially with regard to family time, which is at odds with what is described in the law. From this perspective, the specific objectives consist of understanding the concepts of custody and its specificities, mainly with regard to shared custody, given its applicability in the national territory. Furthermore, the hypothetical-deductive method proposed by Marconi and Lakatos is used as a research instrument for the analysis of documentary, bibliographic, jurisprudential and statistical data, aiming to examine the concept and historical evolution of parental authority, relating the notion of custody, its types and applications in today-s society. It is possible to verify whether the custody model used as a rule and parameter in the courts is in accordance with current legislation in the family sphere and whether it is being applied in accordance with the principle of the best interests of the child and adolescent.