A família multiespécie e o status dos animais de estimação no ordenamento jurídico brasileiro: divisão de bens ou guarda compartilhada?

• Autor(a) principal: Almeida , Fernanda Fernandes Silva
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1525
• topic: Direito dos animais; Sujeitos de direitos; Família multiespécie; Guarda compartilhada; 6.01.00.00-1 Direito

The present work has as main objective to analyze the possibility, or not, of the granting of the legal shared custody institute to pets after a divorce or a stable union dissolution, considering the increasing number of demands that, nowadays, reach to the Judiciary with requests regarding the matter. This research is necessary since the Brazilian legal system lacks norms that satisfactorily discipline the socio-affective relations established between people and their respective pets. In order to achieve the proposed objective, the status of non-human animals is analyzed towards the Brazilian legal system, which, until now, are considered as moving goods. Otherwise, there are theses that aim to classify them as subjects of rights and finding studies that verify the presence of consciousness and sentience in animals. In addition, there is recognition of the multispecies family and the affective importance that animals are acquiring in people's lives. All these analyzes are primordial for the conclusion that pets should not be considered as simple “goods” subject to the couple's sharing, remaining, therefore, the granting of custody as the best alternative when there is dispute over the pet. To this end, data and indices indicate the increasing number of pets in homes and the gradual increase in the divorce rate. In addition, this research is based on the analysis of Brazilian and foreign legislations, understandings of the national courts and doctrinal positions, using the descriptive and deductive methodology, with qualitative approach, in documentary and bibliographical analysis procedure, using doctrines, decisions laws, laws, legal journals and scientific articles. Keywords: Animal law. Subject to rights. Multispecies family. Shared custody