The shared guard in the context of domestic and family violence

brief analysis in the light of the film "jusqu'à la garde

Abstract

Gender violence against women (cisgeneras and transsexuals) is a social, serious and complex problem affecting them in numerous ways and means, and is therefore responsible for the high mortality rate of the female public. From this scenario, International Treaties and Conventions were held in order to eliminate all forms of discrimination against women. In Brazil, the main legislative framework is Law No. 11,340/2006, known as the Maria da Penha Law establishing mechanisms to curb crimes committed as a result of gender. However, the consequences of such conduct scans are not limited only to the criminal section, transmuting to the civil section, mainly linked to the rights of families. From this perspective this essay aims to discuss the legal relationship established in the disputes of child guards in contexts of domestic and family violence against women and/or descendants, in light of the problems presented in the 2017 film "Jusqu'à la garde". Therefore, for the preparation of the present study, we opted, a priori, for the critical analysis of the aforementioned film. The interrelationship between the guard institute and cases of domestic and family violence is addressed, presenting the legal scenarios of the implementation of special courts and communication between the competent courts in the absence of this.