The institute of the guard shared a realistic optical: Law N° 13.058/14 and its implications

Abstract

Abstract

Submitting shared custody statute to rule condition was a bold attitude from the Brazilian Family Law. Through a critical analysis of books and scientific articles related to the subject and of the law 13.058/14, which addresses the application of joint custody, it’s visible that the share custody it is still very far from the reality of a significant part of Brazilian society, distance that is even justified by historical and cultural reasons.Placing the so-called parental equality in practice requires the breaking of a series of paradigms derived from legislation that for a long time defended the country's power, reinforcing the notion that fathers and mothers do not have the same functions with regard to raising their children. Once these difficulties of implementing shared custody have been observed, there have also been post-implementation difficulties, which, on many occasions, hurt what one wishes to preserve: the interest of the child and the adolescent.