The guard meets disciplined by the one for articles 1,583 the 1,590 of the Civil Code. The study of the current law in he provides one better understanding to them on the institute of the guard under the point of view of if treating, simultaneously, of a right and duty that the parents exert on the lesser children. In this direction, he detaches Manoela Maria: The guard is the right to command the life of the children, watching them and determining it to them moral formation, always in search of its better interest, with the power to remove them of who withholds illegally them. It is at the same time, one to have a public duty to watch, to guide and to take care of, the one that are the guardies, or guard obliged to fulfill. Thus, we can consign that the guard constitutes a must-power of the parents destined to the protection, education the preparation to the development of the minor. However we cannot olvidar that the culture to the affection feeling is essential to the formation of the minor. According to Enunciated n 101 of the Advice of Federal, resultant Justice of the I Day of Civil law, it is understood for guard: CJF – Enunciated 101 – Art. 1.583: without damage of the duties that compose the sphere of the familiar power, the expression? custody of children? , to the light of art.
1.583, can understand the unilateral guard in such a way how much the shared one, in attendance the beginning of optimum interest of the child. It competes to the genitors, the text of the made use one for art. 1.634 of the Civil Code: the direction of the education and the creation, to have them without its guard and company, to grant or to deny to them assent to them to marry, to nominate tutorial for will or document officially recorded to them, if the other of the parents not to survive to it, survives or it will not be able to exert the familiar power, to represent them, until the sixteen years, in the acts of the life civil, assistiz them, after this age, in the acts where they will be parts, supplying to them the assent, to complain them of who withholds illegally them and to demand that they give obedience, respect and proper services of its age and condition to them.