AS DECISÕES DOS TRIBUNAIS E POSSÍVEIS SOLUÇÕES À GUARDA COMPARTILHADA EM CASOS DE VIOLÊNCIA DOMÉSTICA

Abstract

This article analyzes how the issue of shared custody in cases of domestic violence has been approached and decided by Brazilian courts. The study covers legislation, doctrine and jurisprudence to understand the practical application of the relevant laws. The Civil Code of 2002 and Law 13,058/2014, which establish shared custody as a rule, are discussed, but the recent Law 14,713/2023 significantly changed the rules, prohibiting shared custody in cases of domestic violence. Historically, Brazilian civil legislation has always prioritized the protection of minors, establishing that custody can be unilateral or shared. Shared custody, where both parents have equal responsibilities and rights, was the general rule, except in specific cases such as domestic violence, where the law previously allowed sole custody when justified. With the introduction of Law 14,713/2023, shared custody was prohibited in situations of domestic violence. This legislative change aims to protect children and victims of violence, ensuring that the aggressor cannot have joint custody. The article cites court decisions that confirm the prevalence of shared custody as a general rule and exceptions in cases of violence. In summary, Law 14,713/2023 represents a significant advance by prohibiting shared custody in cases of domestic violence, reflecting the need to protect victims and guarantee the safety of children. The article concludes that, despite improvements, there are still challenges in applying and raising awareness of legal changes.