A prisão civil como medida atípica (in) eficaz para garantir a solvência dos alimentos indenizatórios

Abstract

The present work aims to analyze if It is viable the application of shared custody in the information society, especially in the context of COVID-19. The research problem is summed up by the analysis of the legal viability of exercising shared custody as a means of ensuring family coexistence in the best interest of children and adolescents when parents live distant from each other, especially in the face of the social isolation resulting from the COVID-19 pandemic. The Internet Technology Revolution transformed economic and social relations, and It has affected directly the legal sphere. Thus, when analyzing the current scenario, It can be seen that there has been a deep transformation of society into an information society and it is important to consider technological tools when granting shared custody. The methodology used will be exploratory and explanatory research, in addition to the hypothetical-deductive method and decisions analysis. The work will be divided into three stages, in the first stage there will be the conceptualization of the elements covered and their historical aspects, presenting the transformation of the term "family". In the second stage, the possibility or impossibility of implementing shared custody for parents who live in different cities is discussed, bringing judicial decisions to the debate. The third stage will discuss the current pandemic of COVID-19 and how society needed to reinvent itself, especially the legal system, including the so-called “100% Digital Judgment”, directly relating to the application of shared custody in times of coronavirus. In this way, technological advances are incited and the need to associate the use of digital tools in cases of custody, taking into account the best interests of the child.