Dissolução da União e a guarda dos animais domésticos

Abstract

The present work, developed through doctrinal research, together with legislation and positioning of the Brazilian judiciary regarding the custody of domestic animals after the dissolution of the stable union, portrays the court dispute between the spouses after the end of the union, explaining the legal aspects of the dissolution of the union, as well as the formation and evolution of the multispecies family, analyzing the work of the magistrates and their positioning in the cases of custody grant of domestic animals in search of animal welfare protection, as well as the guarantee of the right of former spouses to visitation and shared custody. The research addresses the animals in the family environment, which are often inserted in the family life replacing the figure of the children, analyzing some reflections on the inversion of sentimental values and the principle of affectivity in the analog application of family law rules, humanizing and ensuring the protection of the relationship between men and pets, in view of their importance within the family environment of the multiespécie family. In this context, seeks to highlight and to evidence the lack of rules and laws pertaining to pets, as well as the protection of the affective bond between the animals and their owners. Work developed through the methodology of bibliographical research, doctrinal laws and court decisions.