Guarda compartilhada: uma visão psicojurídica do relacionamento parental pós-separação ou divórcio

Abstract

Assuming as a premise that Psychology considers parents participation fundamental in their offspring biopsychosocial development, and that, in Law, the 1988 Federal Constitution imposes children upbringing by their parents in family life, this research sought to contemplate a psychojuridical view on parental relationship, either after a separation or a divorce, as a contribution to point out the benefit of this approach, when choosing and determining joint custody in family relationship. For this purpose, Family Court judges were interviewed. The importance of the introduction of the institute in Law was investigated, as well as its social benefits to separated or divorced couples, in order to achieve full knowledge about the subject, inasmuch as the law recommends that this type of custody be established whenever possible. It has been concluded that:- the most important thing in law administration is to bear in mind the legal principles that mean to assure children s best interests and full protection;- that joint custody is desirable, as it is the one that most closely resembles global custody when parents live together, but its adoption demands from both parts common sense, harmony and reasonable parental relationship, or else children will remain unprotected; - that judges, in Family area, increasingly apprehend the psychojuridical way of thinking and search for subsidies in the psychological science, and that, in order to determine joint custody, evaluation of each specific case and extrajudicial assistance to parents are necessary, specially the one propitiated by Psychology, both during and after separation or divorce