A guarda compartilhada no superior tribunal de justiça à luz da psicologia forense

Abstract

The Shared Guard was introduced in Brazil by Law 11688/08 which conceptualized the institute in the Brazilian Civil Code in art. 1.583§1º as "joint responsibility and the exercise of the rights and duties of the father and mother who do not live under the same roof, concerning the family power of the common children." Until December 2014, shared custody was applied according to the same law "whenever possible" when there was no consensus between the parents. In December 2014 came into force Law 13.058 / 14, which now considers shared custody as a rule within the legal system, regardless of the parents' consent. The shared custody institute was implemented in Brazil after many countries have already implemented this type of custody and it is perceived that in each country there are different requirements for its implementation. The judgments on shared custody were analyzed empirically in the Superior Court of Justice, the court that has the function of standardizing the interpretation of the law in every country and that the first degree judges must follow this interpretation. It was analyzed the importance of the psychological reports in these trials and if they were followed. It was noticed that the court neutralizes the abstract legal concepts as well as the importance of the report and that there is not a necessary interdisciplinarity between Psychology and Law in the application of the institute of shared custody.