A possibilidade do uso da guarda compartilhada como instrumento jurídico de prevenção à prática do abandono afetivo

Abstract

The social changes signed over time, as well as the new principles and values, enumerated by the Federal Constitution of 1988, redesigned the profile of the contemporary family entity, whose main exponent is the principle of the dignity of the human person. With the breakdown of the traditional family paradigm, parents were guaranteed the broad right to live together with their children, even after marital dissolution. It was from this perspective that Law 11688/2008 introduced the shared custody model in Brazil. And Law 13.058 / 2014, making the application of this model compulsory, that is, even in cases where there is no consensus of the parents regarding the rearing of children. This was accomplished because it was noticed that the unilateral guard in addition to fostering the "feeling of ownership" in relation to the figure of the child, also promoted the break in the parental alliance, increasing the practice of affective abandonment. Through this research it was found that shared custody is an indispensable tool to prevent affective abandonment, since it rebalances the role of the parents and reduces the impact of the separation of the parents.