FAMÍLIA MULTIESPÉCIES A possibilidade jurídica de guarda do animal de estimação em caso de dissolução do casamento

Abstract

This scientific article seeks to approach the multispecies family, addressing the legal possibility of having the custody of the pet in the event of dissolution of the marriage, as well as questioning whether there is a legal treatment in Brazil, aimed at granting custody of pets. Litigious dissolution of the marital partnership. With the idea of solving doubts, it was necessary to discuss the fundamental aspects of current family and family law, as well as to study the multispecies family as a new concept of family and, therefore, to explain about the jurisprudence and the bills that deal with the custody and guardianship of pets in the event of dissolution of the marriage. The choice of this topic is based on the need for pets to be seen by the Brazilian legal system as beings with rights, including the custody of these animals in litigious conflicts. Regarding the methodology, the research is classified as qualitative, exploratory and bibliographic. To conclude, it was found that the Brazilian legal system does not have a specific rule on the custody of the pets, so that the country's Judicial Power has applied, by analogy, the custody institute provided for in the Civil Code of 2002 in these cases .