SHARED CUSTODY DUE TO LITIGIOUS DIVORCE, AN ANALYSIS OF THE PRINCIPLE OF THE BEST INTEREST OF THE MINOR

Abstract

The respective research deals with the functionality of shared custody in current national law within the scenario of a contested divorce. Added to this is an analysis of the protective principle for children and adolescents, which is called the principle of the best interests of the minor. In this context, we will discuss a controversial topic that stands out in family law, since the clash of parents' interests within a contested divorce directly leads to numerous changes for the minor. To outline the problems of the study in question, the following question is asked: What is the stance of jurisprudence in relation to cases of shared custody, taking into account the application of the principle of the best interests of the child and adolescent in the scenario of a marital dissolution? The general objective of this work focuses on understanding the functioning of the legal institute aimed at protecting children and adolescents within the reality of contested divorce in light of the principle of the best interests of children and adolescents. The following research has as its specific objective the search for the study of the protective principle that governs the life of the minor involved in the marital relations of their parents, especially the best interests of the child and adolescent, adding to this as a relevant factor to creation of law no. 13,058/2014, which provides for the application of shared custody as a priority whenever both parents are able to exercise family power. This type of custody tripled between 2014 and 2017 according to IBGE civil registry statistics. The methodology adopted in the research regarding the objectives is theoretical in nature. Concerning the form, it was presumed descriptive and, in relation to the object of study and research, it was bibliographic. The justification for the work is the legal relevance, given that the studied study shows that the non-decision for shared custody becomes a means of violating the protection of minors within the real context of a contested divorce, also demonstrating all the reasoning of the guiding principles of the legal system focused on the topic at hand, since it is within the family that the basis for facing possible adversities in life is created. Thus, when considering the fundamental nature of the individual's family base, it is essential that all family members live with the minor, aiming to maintain their respective emotional ties. With the protection of minor children always being prioritized, it is indisputable that the institute of shared custody aims to mitigate the balance between parents in the education of their children, so that amidst the turmoil of a contentious divorce, there is the necessary balance between the parties and the development of the child is not harmed