Guarda de filhos e mediação familiar : garantia de maior aplicabilidade do princípio constitucional do melhor interesse da criança e do adolescente

AUTOR(ES)

ANA CAROLINA PEREIRA CABRAL

DATA DE PUBLICAÇÃO

2008

RESUMO

The child and adolescent have in the picture of the parents the basis for their formation. The dissolution of the union of parents may affect the development of his personality. During the constancy of the union, the child and the adolescent enjoy the presence and involvement of both parents in all aspects of their lives. The attributes of the familiar power are exercised by both parents, who decide together about the growth and education of the offspring. The rupture of the familiar entity brings the question of the childrens custody.There are various forms of custody, but the model traditionally adopted in Brazil is the exclusive custody. This model, however, currently has been much questioned, as it is being considered outdated and inadequate as it does not meet the needs of parents and children. The shared custody appeared in England and today is used in the United States, France, Canada, among other countries. This type of custody proved to be quite satisfactory, as it ensures to parents the continuity of the full exercise of the familiar power and to the children the living together with them, besides the right of having them participating in their lives, similar to an intact family. In spite of being newly positive, the position which accepted its application was already majority.When the issue is the institution of custody of minor children, it is necessary to take into consideration whether the rights of the children will be granted as a priority, because by the constitutional principle of the best interest of the child and adolescent , it takes into account always the well-being of the child. The Familiar Mediation as a peaceful way of solution of conflicts, is the appropriate way to regulate the custody of the children, as in the Mediation, the parents, through an open dialogue, can resolve about the welfare of the children together, because in the Familiar Mediation there is no interference of a third party, namely, are the parties (parents) who agree the result, in order to make it easier to be respected. Thus, through the Familiar Mediation, the custody of minor children may meet the principle of the best interest of the child and adolescent and, therefore, ensure a healthy development for minor children.

ASSUNTO(S)

guarda de filhos - dissertaÇÕes direito constitucional mediaÇao e conciliaÇÃo (direito) - dissertaÇÕes

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