Coordenação parental e os direitos fundamentais das crianças e adolescentes

Abstract

This study analyzes parental coordination as an interdisciplinary instrument designed to ensure the comprehensive protection of children and adolescents in custody disputes. Despite legislative advances that have strengthened shared custody, IBGE (2023) data still indicate the prevalence of exclusive maternal custody (45.5%), revealing a gap between norms and practice. The research question posed asks whether the difficulty in implementing shared custody stems from the absence of unconventional instruments, such as parental coordination, that can structure parenting after the dissolution of emotional bonds. The hypothesis raised is that this mechanism, although not specifically regulated in Brazil but consolidated in international experiences and legal doctrine, can contribute to reorganizing parental responsibilities, reducing conflicts, preventing parental alienation, and ensuring a balanced relationship with both parents. The justification lies in the increasing number of divorces, especially in families with minor children, which increases litigation and demands effective solutions. In this context, parental coordination presents itself as a practice capable of strengthening comprehensive protection, ensuring the centrality of children and adolescents, constitutionally recognized as holders of fundamental rights. The research adopts a qualitative and quantitative methodology structured in four chapters that examine: comprehensive protection in the legal system, the role of the family, shared custody and its practical difficulties, and parental coordination as a nonadversarial method of conflict resolution. The conclusion is that it is important to institutionalize this practice in Brazil to ensure the comprehensive protection of children and adolescents after the dissolution of their parents' emotional bonds