THE INSTITUTE OF SHARED CUSTODY: AN ANALYSIS OF THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD AND ADOLESCENT

Abstract

The institute of shared custody aims to guarantee the performance of parental authority to parents, regardless of their marital status, being able to exercise their obligations and responsibilities under equal conditions. However, taking into account the doctrinal content of the integral protection of Children and Adolescents, as well as the Federal Constitution, the judge in the face of conflicts involving minors, needs to analyze each concrete case individually to decide in the best possible way the guarantee and protection of these individuals seen as vulnerable. Therefore, the objective is to analyze the shared custody institute against the principle of the best interest of the child and adolescent in the light of Brazilian legislation and jurisprudence. The method used in the research was the bibliographical one through researches in scientific articles, theses, monographs, legislations and jurisprudence, with a deductive method of approach that allowed to search for information about the problem, obtaining the expected results regarding the modifications arising from Law n . ° 13.058/2014 which established shared custody as a rule, leaving gaps as to its applicability to the practical case where the parents or one of the parents do not have the capacity to exercise family power to guarantee a healthy family nucleus, contemplating the best interest in terms of growth and development of children.