Aspectos jurídicos sobre a custódia de animais de estimação diante da dissolução da entidade familiar

Abstract

This monographic work aims to address the legal aspects of pet custody after the dissolution of the family entity. Currently, pets occupy a very special place within families, being considered as family members or true children. This phenomenon gave rise to a new family configuration called the multispecies family. The Civil Code classifies animals as goods, and thus, when the marital relationship ends, with the isolated application of the Civil Code, pets are subject to the rules of ownership. However, this treatment has not managed to achieve satisfactory solutions in disputes involving the custody of pets, as it is not a simple discussion regarding ownership and property. Faced with this problem, the work used a bibliographic study and analysis of judicial decisions and bills to verify how the subject has been treated by the Brazilian doctrine and judiciary and which solution is most appropriate for the resolution of the conflict. At the end of the work, it was concluded that when deciding on the custody of the pet, one cannot neglect the relationship of affection existing between the ex-spouses and the pet, since the affection towards the animal does not disappear with the disruption of the marital bond. It is possible to use a systematic interpretation of the normative framework and the application of the postulate of the dignity of the human person to give a more appropriate solution to the case and to establish the possibility of shared custody of the animal and the right of visitation, also taking into account the animal welfare.