A influência do Estatuto da Criança e do Adolescente (ECA) na guarda compartilhada.

Abstract

This study addresses the influence of the Statute of the Child and Adolescent (ECA) on joint custody, aiming to analyze how this legislation impacts the practice and effectiveness of this custody model in Brazil. The objectives include mapping the legal evolution of custody, distinguishing joint custody from other modalities, exploring the contemporary reinterpretation of custody from a care perspective, and discussing the advantages and challenges of its implementation. The choice of the theme is justified by the social and legal relevance of ensuring the well-being and healthy development of children and adolescents, promoting a more equitable family dynamic. The methodology used consists of a comprehensive literature review, including relevant legislation, case law, and academic literature. The results indicate that the ECA, by emphasizing the principle of the best interest of the child, promotes more collaborative and equitable parenting practices. Joint custody, when well-applied, favors the emotional and social development of children, ensuring a balanced presence of both parents. However, the effectiveness of this model depends on the parents' ability to maintain healthy communication and the support provided by public policies and institutions. It is concluded that joint custody represents a significant advancement in Brazilian family law, with institutional support being essential to maximize its benefits. Keywords: Joint Custody; Statute of the Child and Adolescent; Family Law.