"YOU WILL REGRET RAISING YOUR HAND AGAINST ME": LEGAL APPLICABILITY OF SOLE CUSTODY AS A PRINCIPLE OF THE BEST INTEREST IN CASES OF DOMESTIC OR FAMILY VIOLENCE

Abstract

Brazilian legislation establishes that both spouses have shared responsibilities in raising children, even after the end of the conjugal relationship. The duty of full assistance in parental functions remains. Custody of minors should be in the best interest of the child. However, in cases of domestic violence, there are strong indications that endanger the victim's integrity. Therefore, this study aimed to investigate the applicability of sole custody as a principle of the best interest in cases of domestic violence. To do this, a bibliographic research was conducted using primary/secondary sources presented in a qualitative approach. Throughout the study, court decisions indicating the practice of the courts in cases of violence and custody are presented. It is concluded, therefore, that there is a need for legislative evolution to ensure greater protection for women and, consequently, for minors since being in violent environments can cause serious psychological harm.