SHARED CUSTODY: THE ACHIEVEMENT OF EQUALITY BETWEEN PARENTS AFTER DIVORCE OR DISSOLUTION OF A STABLE UNION

Abstract

Law 13,058/20214 changed the wording of §2 of article 1,584 of the Civil Code and started to treat shared custody as the mandatory regime in decisions that dealt with the discussion of custody of children and adolescents, even with conflict between parents. Although the device is fully consistent with the constitutional principles that guide the exercise of family power, Brazilian society, historically patriarchal, found it difficult to accept that the physical custody of the child would no longer belong exclusively to the mothers. The Judiciary, in its eagerness to comply with the legal provision, ended up transforming shared custody into alternate custody and, with that, children who should be protected by parents, the State and society were thrown into complex family arrangements without any concern for the impact. these measures have on their personalities.