A (in)existência de previsão legal da guarda alternada

Abstract

This article seeks to make an analysis of the lack of legal provision regarding the institute of alternate custody institute. For arguing the object of study, authors who study and approach the theme on the emergence of the guard, development and modification device were used to foster the theoretical construction, compared to the theme, which, despite having character of recent applicability, it is increasingly necessary to understand it so that it can be applied correctly in judgments. In addition, this article proposes an examination of alternate custody, which does not compromise the full protection of the infant, highlighting its applicability, social function, and serving the best interests of children and adolescents, despite the lack of a legal provision. As a general objective, the present research project examining the examination of the definition and effectiveness of the implementation of alternate custody in Family Law processes. Regarding the methodology, with regard to the approach method, the deductive scientific method was used. Regarding the procedure methods, the use of the historical method is verified. Referring to the research tecniques, in order to deepen the chosen theme, bibliography,doctrine,Legislation and hoerdina jurisprudence were used.