Guarda compartilhada : efetivação dos princípios constitucionais da convivência familiar e do melhor interesse da criança e do adolescente

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This work has the aim to search the constitutional bases that rule joint custody, particularly the principles of family relationships and both childs and adolescents best interest. By means of national and foreign bibliographic research, as well as field research, joint custody is approached in its juridical and practical aspects, to demonstrate the use of this new type of custody in our legal system, based on the mentioned constitutional principles. In addition, it seeks to highlight not only the juridical treatment granted to this type of custody in our legal system, but also through the analysis of civil legal ground, it searches to situate it in a civil-constitutional conception. Furthermore, the work deals with the importance of family mediation during the implementation of joint custody, so as to allow its use equally in cases which there is not previous agreement between parents, aiming to increase more and more its acceptance.

ASSUNTO(S)

melhor interesse best interest family relationships joint custody decision-making power mediation guarda compartilhada constitutional principles convivência familiar princípios constitucionais autoridade parental mediação direito civil

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