Família patriarcal e violência doméstica: uma análise do impedimento de compartilhamento da guarda dos filhos à luz do projeto de Lei nº 3696 de 2020

Abstract

This work aims to study the issue of domestic violence and family, in the light of the patriarchal family model, inserted in the context of the division of the guards and, via reflex, the importance of Bill No. 3696/2020. This Project was proposed in the Chamber of Deputies and aims to amend the Civil Code and the Code of Civil Procedure, in order to highlight the chances of offense within the scenario of the domestic and family violence and offer due protection to the parties, especially the mothers and their children, faced with the fixation of custody. For this, it is necessary to compare the current general rule, disciplined in the Civil Code and Code of Civil Procedure, with thechanges proposed by Bill No. 3696/2020 and the benefits that these changes would bring. Given the seriousness of domestic and family violence in the whole world, especially in Brazil, can be considered that his episode is capableto significantly influence decision making regarding the setting of custody, as well mas the effects arising from it. For this reason, it is essential that there is a legislative, and judicial effort, in order to determine that the history of violence domestic and/or family function as an impediment to the application of the rule of shared custody