A guarda compartilhada e a guarda unilateral no direito de família: análise das aplicações e exceções no ordenamento jurídico brasileiro

Abstract

The purpose of this undergraduate thesis is to examine joint custody and sole custody within Brazilian Family Law, addressing their perspectives and exceptions in the national legal framework. The topic was chosen due to its relevance in defining custody arrangements based on the best interests of the child and the protection of parental rights. Since the enactment of Law No. 13,058/2014, which established joint custody as the legal default in Brazil, both advances and challenges have emerged in its implementation—particularly in cases involving parental conflict or circumstances that hinder harmonious co-parenting. This study aims to analyze how the Judiciary addresses custody in such scenarios, the parameters used to determine custody models, and the circumstances in which sole custody is still preferred. By highlighting these issues, the research contributes to the ongoing discussion on the effectiveness of joint custody as a mechanism to promote healthy family relationships and the well being of children and adolescents.