Possibilidade de relativizar a instituição da guarda compartilhada quando não há consenso entre os pais: uma análise jurisprudencial

• Autor(a) principal: Nunes, Lúcia Bianchini
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5887
• topic: Direito de família; Guarda compartilhada; Guarda de menores; Jurisprudência

The purpose of this study is to analyze the possibility of relativizing the institution of shared custody when there is no consensus among parents based on the peculiarities of the case and the decisions of the Superior Court of Justice. As for the level of research, the exploratory was used and the approach was qualitative. Regarding the procedure, the research was bibliographical, since books and doctrines on family power and shared and documentary custody were studied, in view of the study of the two judgments emanating from the Superior Court of Justice and of laws and documents related to the subject. This work was structured in five chapters, with the first chapter of Introduction. In the second, family power was presented in Brazilian law. Afterwards, in the third chapter, he was lectured about the institute of guard in Brazilian legislation. In the fourth chapter, it was demonstrated the divergence in the jurisprudence of the Third Panel of the Superior Court of Justice and the position of the Ministers. At the end, Conclusion was presented. According to the study, it was observed that the divergence existing in the 3rd Panel of the Superior Court of Justice has not yet been standardized regarding the mitigation of §2 of article 1584 of the Civil Code, when the disagreement between parents is insurmountable. In this way, it was concluded that shared custody can be relativized when there is no consensus among the parents, according to the family situation presented in each case and, thus, there is a possibility of mitigating the application of §2º of article 1,584 of Civil Code, justified by the principle of the best interests of the children.