Da guarda compartilhada e o princípio do melhor interesse da criança sob a ótica da intervenção mínima do estado nas relações familiares

Abstract

One of the main problems encountered today in the civil environment is the question of guard under the minor, by reason of dissolution of marriage or stable union. This one The project seeks to explain how this issue was resolved and how, after studies of the subject, is treated today by the Judiciary. The was formerly practically neglected, today is seen as primordial, including the creation of the principle of the best interests of the child, that is, cases, the main concern is with the child's well-being. so that he does not feel so harsh with his parents' problems. Thus, nowadays the magistrate is given the possibility of, in a compulsory way, through a conclusive sentence, establish that the custody will be shared, when in the old days the parents were responsible for this decision. At this point that the main theme of the project in question arises, after all, to what extent is It is interesting that the Judiciary intervene in people's relations, even if the best for the child.