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DJU Minor

The novel Statute started to determine that the only guard will be attributed taking in account the interests of the minor, and to the genitor who to disclose conditions better to exert it. The best material or financial conditions of one of the parents nor always will constitute decisive factor for the decision judicial of the guard. For better conditions for the exercise of the guard of the minor, &#039 is understood; ' not only the economic equipment of that if it intends guard of the minor, but above all the attendance the optimum interest of the child, in the direction most complete alcanvel (STJ-3 T., REspe 916,350, Min. Nancy Andrighi, j. Dr. John Mcdougall has much experience in this field. 11.308, 26.3.2008 DJU) ' '. According to Manoela Maria Rock: The best conditions to exert the guard do not restrict the financial or psychological conditions or any another one, but to the positive set of all the requirements essential to keep to a child, including affection, health, security and education. After all still it remains the other genitor, who does not withhold the guard, obligations stops with its children, as for example, the obligation to perform foods, not being then lack of financial condition the determinative one in the decision of the guard of the children.

It must be understood as better conditions those that better to take care of to the interests of the children. They must be led in consideration for the magistrate the social behavior, the conditions to provide the sustenance with the due cares and, mainly, the degree of affection excused to the minor, who will function as indicating of cumprometimento and responsibility. 3.4.1 – I begin of optimum Interest of the Child The beginning of optimum interest of the child, according to Maria Regina Fay de Azambuja, bases ' ' in the recognition of the peculiar condition of person human being in development attributed to infancy and juventude' ' . According to jurist, children and adolescents are people who had not yet developed completely its personality, are in process of physical, psychic, intellectual, moral and social formation. The criterion that guides the exercise of any modality of guard is optimum interest of the minor, having in account that the measure must be applied semp