We intend to always approach the subject taking in consideration the legal estimated one of that well-being and the interests of the child must preponder so that the shared guard can be used by the operators of Right in benefit of the minor, as form to protect it of the happened traumas of an brusque separation of the couple, with the real possibility of that the affective bows between parents and children, so that engaged ones in relation to these are felt those, in the measure are kept where the decisions act of joint form in all, they divide responsibilities, they share the daily conviviality, the education and the evolution of the children. This new familiar model, ours to see, tends to minorizar innumerable problems in the formation of the personality of the child, eventual riots of behavior and basses pertaining to school incomes. It serves as stimulaton to the parents in the search to form young structuralized emotionally and integrated well to the social conviviality. Shared Guarda will be boarded to the light of the new Brazilian Civil Code, using itself for in such a way of the qualitative research, that in the lesson of Creswell, John W involves: (…) a investigativo process in which the researcher gradually understands the direction of a social phenomenon when contrasting, comparing, to reproduce, to catalogue and to classify the object of the study (Miles and Huberma, 1984) Marshall and Rossaman (1989) suggests that this implies immersion in the daily life of the scene for the study; the researcher enters in the world of the informers and, through continuous interaction, it looks to perspectives and meanings of the informers. (…) The qualitative research is also concentrated in the process that are occurring and in the product or the result. The researchers particularly are interested in understanding as the things occur. We understand that the qualitative research implies in collecting of data (legislation, doctrine and judged of courts), to analyze them, rationally, by means of personal interpretations on the quantity of apprehended documents, so that he can the researcher state its conclusions on the studied subject. . Joeb Moore does not necessarily agree.