O superior interesse da criança no âmbito da regulação das responsabilidades parentais em caso de divórcio

Abstract

The present dissertation focuses on the topic of the best interest of the child within the scope of regulating parental responsibilities in the event of divorce. The reality shows that it is common for parents to resort to court, in an attempt to obtain a regulation of parental responsibilities that suits them better and respects their rights, even if that is contrary to the best interest of the child. Therefore, we will analyze how the law protects the respect for the best interest of the child in these situations, also analyzing the application of that law by the courts in their decisions. As all these issues are not consensual within jurisprudence, we will give greater emphasis to the cases of domestic violence and parental alienation in the parental context, as they represent the most problematic and destabilizing situations for the child's well-being. Concluding that the child is a subject of rights whose interests must prevail over others, we also realize that, sometimes, the concretization and respect for this best interest doesn’t happen, either because determining what this best interest is isn’t easy, deciding the courts in disagreement with it, or because the parents themselves obstruct to that respect.

Date of Award	3 Feb 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)