A IMPOSIÇÃO DA GUARDA COMPARTILHADA PELO ESTADO NA ENTIDADE FAMILIAR

Abstract

This paper aims to answer the following question: Does the imposition of custody shared by the magistrate constitute undue intervention of the State in the Family Entity? The article deals with the intervention of this family entity, when imposing shared guard action, in order to achieve the objectives will be used dogmatic theoretical research, considering that doctrinal concepts and jurisprudence will be approached to equate the problem presented in the attempt to create a solution to the conflict. The knowledge sectors covered by the present research have a transdisciplinary character contained among different fields of Law Science, such as Civil Procedural Law and Constitutional Law, approaching shared custody under the power paternity approach, conceptualizing it and defining its evolution, as well as its legal and controversial aspects that make it impossible to spread in Brazil.