A guarda compartilhada: admissibilidade da guarda face à manifestação de autonomia dos genitores

Abstract

This article aims at analyzing the shared custody legal institute, analyzing whether there has been progress, in the context of the normalization of family law, regarding the ways of ensuring the welfare of the children when sharing custody by their parents. It discusses the possibility of imposing custody by judicial decision, as well as the consequences that diverge from its creation, ensuring the children's interaction with the parent who does not have judicial custody and enabling parents, mainly, the possibility of performing the responsible paternity, possible accessory effect of the legal institute as a mechanism of inhibition of parental alienation. Shared guardianship is understood by lawmakers as the most beneficial modality for their children, even if there is litigation, in accordance with the principle of the interest of the child and the very dignity of the human person.