O exercício da guarda compartilhada e a convivência familiar em tempos excepcionais: análise doutrinária e jurisprudencial a partir das restrições impostas pela pandemia do coronavírus

Abstract

The SARS-coV-2 Pandemic generated impacts on a global scale, surprising everyone with the ease of dissemination and the lack of knowledge about an effective treatment to combat it. Thus, social isolation became a more effective protection measure adopted by the World Health Organization - WHO, however, it ended up intensifying family conflicts. Among these conflicts, there is the problem of exercising shared custody in times of a pandemic, which greatly affected children and adolescents in the context of preserving family life with both parents without, however, jeopardizing the right to health. Therefore, this work intends to analyze some decisions of the Superior Court of Justice (SCJ), referring to the exercise of shared custody during mandatory social isolation, considering that, in some cases, guardian parents would be using this measure to contain the virus. to retain sole custody of the child.