Guarda compartilhada de animais em sede de divórcio litigioso

Abstract

Speaking of a multi-species family requires, before anything else, walking through the historical evolution that the family institute has supported over the years. If we look at the various species of which we are aware - from single-parent families to anaparent families - we can see the degree of freedom granted to the individual in the act of founding his family. In this context, family ties were based not only on blood criteria, but also on the affectivity common to the individuals involved. An important example of a family built through affection is the multi-species family, in which an individual or family acquires a pet, and most of the time has them as children. The main objective of this scientific article is to demonstrate how Brazilian law has been behaving in the face of shared custody of animals in cases of dissolution of a stable union and divorce. The research method applied was bibliographic and documentary. The conclusions reached with the work are that pets are considered children by most Brazilian families and have with them an affective bond that makes them members of the family and because they are sentient beings it becomes important to create specific legislation dealing with the custody of animals at the end of conjugal society or stable union, since the decisions of the courts are being applied using, in an analogical way, the Civil Code in the articles that refer to the shared custody of minors and the ECA (Statute of the Child and Adolescent).