CHILD AND ADOLESCENT CUSTODY IN BRAZILIAN CIVIL LAW AND IN THE CULTURE OF THE XERENTE INDIGENOUS PEOPLE: A COMPARATIVE ANALYSIS

Abstract

This article presents a comparison between how the institution of child custody is treated in the Brazilian Civil Code and how it is organized according to the social organization of the Xerente people. The problem addressed was how indigenous child custody works and its compatibility with the Brazilian Civil Code. To better understand the subject, we had the following General Objective: To present the legal approach to child custody according to the Brazilian Civil Code in the dissolution of marital bonds and to compare how this process occurs among the Xerente indigenous people, according to their culture and tradition. As specific objectives, we propose: To analyze the legal concept of child custody in the Brazilian Civil Code and its evolution over the years, identifying relevant legislative and jurisprudential changes; To identify the implications of the concept of child custody in the Brazilian Civil Code for indigenous children and potential gaps in the legislation; To investigate the legal principles that protect indigenous cultural identity, analyzing how child custody can impact the preservation of the child's traditions and customs; Investigate the role of indigenous communities in defining custody, considering the actions of leaders in protecting the rights of the child or adolescent. Thus, this research is justified by the importance of custody in the child's development, influencing their emotional, social, and educational well-being. Additionally, custody directly affects the right to family life, making it a relevant topic for academic and legal debate. The research can contribute to a better understanding of judicial decisions, analyzing how the Judiciary interprets the concept of custody and what criteria are used in choosing the most appropriate model for each case. Furthermore, the study can assist in the formulation of public policies and legislative proposals that strengthen the protection of minors in custody proceedings.