Guarda compartilhada: o exercício resguarda os direitos dos filhos de forma que seria a via para minimizar as práticas de alienação parental?

Abstract

The family is the society created in a natural way by blood, affective or civil ties and is, according to the Federal Constitution of 1988, the basis of society, being the area where individuals are intimately inserted in a primary way and, thus, influence development of the character and personality of those who will be incorporated into society. Depending on the evolution of society, the family has been integrated into multiple formations, which run through the new family formations, as well as the enshrinement of principles that embrace the existing differences, in addition to guaranteeing the rights of children and adolescents, primarily in terms of protection psychic, physical and social are met. The Federal Constitution of 1988 enshrined the principle of the best interests of children and adolescents and the principle of the best interest, which guarantees that children are assisted, cared for and cared for in a way that facilitates their development. As a result, it is argued that the dissolution of certain marital relationships is not always benign and often jeopardizes the maintenance of effective family development, given that in some cases the end of the union brings with it feelings of anger and resentment that triggers in attitudes that generate negative influences in the children's relationship with the other parent, thus establishing what we know and call parental alienation. Therefore, to elucidate about the joint custody institute as a means to minimize this practice, the exploratory approach method will be used, adopting the qualitative research method, as well as the historical and comparative method.