A guarda compartilhada sob a ótica dos juízes e promotores da Comarca de Santa Maria dos últimos cinco anos

Abstract

The increasing number of marital dissolutions brings along great concern: the custody of minor children. The enactment of Law no. 11.698/2008 enabled the Office of Shared Guard and marital dissolutions to be establish new family arrangements and the possibility of having parental responsibility not only concentrated in one of the parents, as traditionally happens, but both. Thus, this study analyzed joint custody from the viewpoint of Judges and Prosecutors who work or worked in the area of family law in the last five years, in the judicial district of Santa Maria / RS. In the first chapter the concept of family, the different types of families, the concept of filiation and custody, as well as the main types of guardianship in the existing Federal Constitution and doctrine were analyzed. Later, in the second chapter, shared custody, its legal possibilities, its characteristics, as well as the advantages and disadvantages of this model of guardianship were detailed. Finally, at the end of the second chapter, interviews of surveyed Judges and Prosecutors were analyzed, considering their experience working in the field of family law regarding the difficulties of parental relationship after marital separation, their opinion on joint custody, the advantages and disadvantages of this model as well as the applicability of this model of guardianship in the judicial district of Santa Maria / RS were analyzed. It was concluded that the majority of respondents believed this to still be a very recent type of custody, except in exceptional cases, both the population in general as well as the operators of law themselves know the joint custody law in a very superficial way and it is often confused with alternating custody and that the choice of the most appropriate type of custody, must, always, be in the best interests of the child.