A evolução do instituto da guarda compartilhada na Lei nº 13.058 de 2014.

Abstract

The recent legislative change over the shared custody institute has put the issue again at the heart of the discussions. The fact is that this modality was already regulated by the Brazilian legal system in the Civil Code of 2002. However, with the amendments of Law 13.058 of 2014, there was a significant change in the scope of the Judiciary. At this point is the main objective of this work, which is to analyze the evolution of the shared guard, addressing the issues parallel to its fixation. It was considered the historical changes of the concept of family and to examine the juridical points that led to the need to make the shared custody modality the rule of Brazilian Family Law. Finally, it was examined how the social changes contributed to the regulation of shared custody and why this institute is currently in focus. For the purpose, methodologically, the study covered the investigation of the origin of families before the law, dealing with the legislative evolution; species of families; and principles of family law. Afterwards, entered the sphere of family power, which demanded the analysis of the rights and duties of parents and children; of the hypotheses that lead to its suspension, loss and extinction; and the definition of guard, with the brief comparison between their types. Finally, went into the central theme of the work, that is, in the further examination of the institute of shared custody, which dealt with its new law; characteristics; fixation; the right of coexistence with the parents; the duty to provide food; and the impacts of its application on child and adolescent development.