GUARDA COMPARTILHADA: HISTÓRICO E PREVISÃO LEGAL

Abstract

Shared custody has gained increasing relevance in the Brazilian legal landscape as a mechanism to promote balanced and healthy interaction between parents and children after the dissolution of the marital union. This article analyzes the historical evolution and legal framework of shared custody in Brazil, with an emphasis on Article 1584 of Law No. 10,406/2002, amended by Law No. 11,698/2008, which establishes guidelines for the implementation of this custody model. The study addresses the historical context and the legislative motivation behind the implementation of shared custody, highlighting the role of social and cultural changes in valuing parental co-responsibility. The legal analysis details how Article 1584 promotes shared custody as the preferred model, except in cases of unfeasibility, emphasizing the importance of cooperation and communication between parents for the well-being of the children. Additionally, the article discusses the benefits of shared custody for the child, including maintaining emotional bonds with both parents, continuity of a balanced family environment, and the promotion of healthy emotional development. The legal provision of shared custody seeks to encourage responsible and collaborative parenting, mitigating the negative impacts of parental separation on children. It concludes that shared custody, as provided in Article 1584 of Law No. 10,406/2002, represents a significant advancement in Brazilian legislation, promoting a parenting practice that prioritizes the interests and well-being of the child, while encouraging the active and balanced participation of both parents in raising their children.