“A EFETIVIDADE DA GUARDA COMPARTILHADA COM FOCO NOS CASOS DE VULNERABILIDADE: DESAFIOS E PERSPECTIVAS NA PRÁTICA FORENSE DO MATO GROSSO DO SUL

Abstract

This final project analyzes the effectiveness of shared custody, focusing on the work of the Public Defender's Office and the case law of the Mato Grosso do Sul Court of Justice (TJMS), particularly in the District of Três Lagoas. Methodologically, this is qualitative research that combines bibliographic, documentary and jurisprudential analysis, complemented by field research with Public Defenders. The results demonstrate that, although Law No. 13,058/2014 made shared custody the norm, its practical implementation remains limited. Factors such as conflict between parents, lack of communication, and domestic violence hinder the establishment of co-parenting. Analysis of the TJMS decisions confirms the prevalence of sole custody in situations of dispute or risk to the child, with psychosocial assessment being a determining factor in determining the custody arrangement. The Public Defender's Office plays an essential role in promoting access to justice, representing the primary means of protecting the rights of vulnerable families. It follows that the effectiveness of shared custody depends not only on the law but also on the creation of public policies that can enable the establishment of shared custody.