A guarda compartilhada dos animais de estimação em caso de dissolução matrimonial: análise histórica e estudo de caso baseado na legislação brasileira Sant’Ana do Livramento / RS 2021

Abstract

The coexistence between man and domestic animal has become the object of demands in the judiciary, due to the importance that the pet has within the contemporary family nucleus. This paper seeks to analyze the evolution of the family, in animal law (history and legislation, on how they are currently seen in the national legal system), in the joint custody institute, and in Brazilian jurisprudence, in order to understand how the conflict that occurs when none of the spouses wants to give up the custody of the domestic animal, in the face of matrimonial dissolution. Divorce itself causes moments of sadness between the couple and others involved, whether children or pets, shared custody used analogously can give the right of visits to ''parents of pets'', thus not being necessary break the existing affective bonds. For this, the bibliographic research method is used, analyzing doctrines, scientific articles, reports, legislation, bills, as well as documental research with case studies, observing the resolutions and arguments of how the judiciary has resolved the problematic in question.