O princípio do melhor interesse da criança e da dignidade da pessoa humana como fundamento para a aplicação da guarda compartilhada diante do divórcio com alto grau de litigiosidade

Abstract

The present work aims to analyze the application of shared custody, in the case of divorce cases with a high degree of litigation, observing whether this conduct conforms to the best interests of the child. Therefore, they are analysed, discussed and the main theoretical aspects involving the following problem are presented: when there is a break in the relationship between the parents, the custody sharing of offspring becomes the best solution to combat the traumatic grief of family separation? To seek this understanding, a reflection is proposed primarily on the historical advance of family relationships, in order to better understand where this entity is positioned today in social reality. Well as, the types of custody currently regulated by the Brazilian legal system and its jurisprudence and, still, the work brings an attentive look at what the main regulatory principles of cases involving the minor, namely, the principle of human dignity, affectivity, integral protection of the child and the best interest of the minor. Finally, the analysis of the child's psyche in face of the separation from the parents, as well as the development on grief and its future consequences. Therefore, the research is theoretical in nature, in which uses the monographic methodology made through research analysis bibliographic sources (periodicals, books and articles), formal sources of law (doctrine and jurisprudence) and primary sources of law (legislation)