Joint custody: some arguments and content of court decisionsThe article presents results of research on which it aimed to study the case law, issued by some Brazilian courts, is considering the possibility of applying the joint custody of children and adolescents. In the investigation we have analyzed the judgments handed down by three Brazilian states in the period between August 12, 2008 - entered into force when the Federal Law n°. 11698/08 which regulates the implementation of shared custody - and in April 2010. The arguments involving considerations of the psychological well-being of children and adolescents were categorized and examined in the light of knowledge of the humanities. It was observed that the nature of the arguments used in decisions that deny the application of joint custody is different from the understanding of recent studies of the humanities on the subject.
Joint custody; custody of the child; family courtyard; court decisions; understanding court