SHARED CUSTODY IN CONTEXTS OF CONFLICT, DOMESTIC VIOLENCE, GENDER INEQUALITY AND HOMOAFFECTIVE FAMILIES: BETWEEN THE IDEAL NORM AND THE POSSIBLE REALITY

Abstract

This article critically analyzes the application of shared custody in the Brazilian legal system after Law 13,058/2014, focusing on situations of high conflict, domestic violence, gender inequality, and homoaffective families. Recognizing the model as a legal rule, its practical viability is discussed in light of the tensions between normative discourse and social reality. The study addresses the contemporary challenges of the Judiciary in the face of deep litigation and asymmetry in the division of care. Furthermore, a specific reflection on custody in homoaffective families is presented, investigating the obstacles arising from institutional prejudice and the imposition of heteronormative standards. It concludes that the mechanical imposition of the institute, without analyzing the factual conditions, creates a legal fiction that violates the best interest of the child.