Navegando por Assunto "Guarda compartilhada"

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A lei da alienação parental: aspectos controvertidos da aparente discricionariedade judicial no art. 5º à luz do debate Hart X Dworkin
(Centro Universitário do Estado do Pará, 2019-12-12) Queiroz, Carlos Márcio de Melo; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Matos, Saulo Monteiro Martinho de; http://lattes.cnpq.br/1755999011402142
The recognition of children and adolescents as subjects deserving special rights due to their condition of being in formation is a recent achievement in Brazil. Recognizing the disregard of their unique situation as persons in formation, it remains clear the violation of their rights, in particular, the fundamental right to healthy living with their family and parents even in the face of the occurrence of family dislocations, when, as a rule, a of parents proceeds to exercise predominantly parental powers over the offspring. This scenario of rupture of conjugality is not infrequently followed by a scenario of rupture of parenthood itself through acts of parental alienation. In order to understand this process, characteristic, doctrinal and legal aspects of such acts are analyzed. At first, the investigation turns to the conceptual evolution of parental alienation since the initial studies of Richard Gardner and also following the paths taken by the Brazilian legislation regarding the treatment given to children and adolescents from the doctrine of the risk situation until the doctrine of integral protection present in the constitutional body. Then, the shared custody will be defended as one of the guarantees of the maximum and healthy coexistence between parents and children, which came, in a historical legislative sequence, complemented by Law 12.318 / 2010, Parental Alienation Law. At the end, the perplexities arising from the apparent judicial discretion present in the interpretation of artigo 5 of Law No. 12.318 / 2010. These perplexities lead to question which interpretative matrices would point to a better answer for the application of the normative text by the magistrate, which implies the adoption of a theory for the interpretation of the law text. In the second moment, the research turns to the analysis of two theories that could be presented as an interpretative matrix for the perplexities found: Hart's renewed positivism and Ronald Dworkin's Law as Integrity. In this second moment, the analysis turns to ask how each of these theories is positioned to say what is the Law and from this position, determine how the vagueness or indetermination of the normative text should be resolved and, therefore, how It is possible for the judge from the interpretation, to integrate the legal text which, after all, is the purpose of the present investigation. With such tools, at the final moment of the work, it will be possible to face the indetermination of artigo 5 of the Parental Alienation Law and propose an interpretative matrix that best aligns with the Theory of Integral Protection of children and adolescents.
Família multiespécie: litígios oriundos da dissolução do casamento e união estável e as implicações no ordenamento jurídico brasileiro
(Centro Universitário do Estado do Pará, 2022) Albuquerque, Izabely Pessoa; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This article aims to analyze the possibility of using shared custody of domestic animals in litigation arising from the dissolution of marriage and stable union, since the country's legislation is still silent on the subject. To do so, it was traced, briefly, the ressignification of the conception given to the family, from what was understood in the twentieth century, to the amplitude of affective bonds, as we see today. The study, through the deductive method and qualitative approach, besides the bibliographic and documental procedure, tries to present, as a way of filling in these legal gaps involving the issue, the possibility of applying by analogy the shared custody, foreseen in the family right, to animals, according to the Bill n. 542/18. However, given the (im)probability of approval of the referred Bill, it is also defended, as a guide, the understanding of the Colending Court of Justice, in Resp 1. 713.167-SP, reported by the Minister Luis Felipe Salomão
Guarda compartilhada com os avós em famílias monoparentais
(Centro Universitário do Estado do Pará, 2018-06-20) Cordeiro, Samuel Cardoso Nunes; Carvalho, Bruno Brasil de; Rocha, Karen Richardson
This monograph deals with the problematic of the grandparents and grandchildren relationship on current conjuncture of Brazilian law, passing through the current logic of affectivity as guiding of family relations. The discussion begins with guardianship, about wich one fits better the interests of the children, due to the progression suffered by law in recent years and especially on the last ten years with shared custody laws (Law 11698/08 and 13.058/14).That is followed by a debate on the rights e responsibilities between grandchildren and grandparents, based on the new relevance of the complex reality of Family Law today, with the new ways of creating a family and focus on the individual freedom of the people. Lastly there is a debate about the numerous kinds of familys brought to us by the 1988 Constitution, focusing on the defense of the minor and a possibility of application of shared custody of minors between grandparents and single parent.