JOINT CUSTODY IN CASES OF DOMESTIC VIOLENCE

Abstract

The article aims to analyze the feasibility and implications of shared custody in situations of domestic violence, addressing the relevant legislation and doctrine on the subject. Firstly, it is essential to define and understand domestic violence, its manifestations and the applicable legislation, with emphasis on the Maria da Penha Law (Law 11,340/2006), which seeks to protect women who are victims of violence in the domestic environment. Furthermore, Law 8,069/1990 (Child and Adolescent Statute) is analyzed to understand the protection of minors in contexts of violence. The study highlights that, although shared custody is generally promoted to ensure the equal participation of both parents in their children’s lives, its application in cases of domestic violence can be problematic. The need to protect the woman and children from continuous contact with the aggressor makes shared custody unfeasible in most cases. The article also analyzes the jurisprudence and decisions of Brazilian courts, which often opt for unilateral custody to guarantee the best interests of the child and adolescent. Finally, the article proposes the need for a careful and careful assessment of each case, with continuous monitoring of families affected by domestic violence, to guarantee the safety of victims and the well-being of minors. The creation of public policies that take into account the complexity of these cases is advocated, promoting a balance between the protection of the vulnerable and the right to family life.