A guarda compartilhada em tempos de pandemia : o que os tribunais vêm decidindo?

Abstract

This monographic work focuses on the analysis of the decisions rendered during the period of the COVID-19 pandemic in the Courts of Justice of the Southern region of Brazil, in disputes involving families under shared custody whose cohabitation period was harmed due to the new phenomenon of the coronavirus. In these terms, the question is: what are the grounds used by the Courts of Justice of the Southern region of Brazil to solve the conflicts involving shared custody and the right of coexistence between parent and child during the period of the COVID-19 pandemic and what measures have been adopted to protect the rights involved so as not to expose the health of the child or adolescent? The approach used is deductive, since the study will start from particular premises in order to reach a general result about the measures and grounds used by the Judiciary. Finally, it can be concluded that the decisions are based on the concrete case and the best interests of the child and the adolescent.Likewise, the measures adopted by the Courts aim to prevent the effectiveness of both fundamental rights, of coexistence and health, in which periods of coexistence at a distance are established, which must be carried out through virtual platforms of video calls and telephone calls.