A GUARDA COMPARTILHADA EM CASOS DE VIOLÊNCIA DOMÉSTICA SOB A ÓTICA DO MELHOR INTERESSE DA CRIANÇA E DO ADOLESCENTE

Abstract

With the publication of the recent Law No. 14.173/2023, some articles of our legal system were changed, such as Art. 1584, § 2, of the Civil Code and Art. 699-A, to the Code of Civil Procedure, both regarding the application shared custody in situations involving risk or domestic and family violence against women. In the present work, we propose to analyze the concept and types of existing family and their historical evolution. Furthermore, the aim is to study family power, and its important transformation, until we arrive at the current concept, having as its logical consequence the principle of equality between spouses and partners, in the care and duties towards their children. Furthermore, we seek to analyze the institute of shared custody and its essential removal in cases of domestic violence, aiming at the best interests of the minor. Furthermore, regarding domestic violence, the types of domestic violence recognized by legislation and doctrine are analyzed. Finally, it provides an analysis of the scope of applicability of law 14.713/23 in light of case law with the aim of maintaining safeguards not only the legal and constitutional foundations of Family Law, but also the constitutional and legal rights of women and children, victims of any violent act on the part of their parents.