O ANIMAL COMO MEMBRO DA FAMÍLIA: LITÍGIOS DE GUARDA E CUSTEIO SOB A ÓTICA DOS TRIBUNAIS BRASILEIROS

Abstract

Many couples acquire pets during their relationship and, due to the affection and care given to these animals by their guardians, they end up becoming veritable family members. However, upon the dissolution of the relationship, disputes may arise concerning the pet's custody, care, and costs, thereby generating conflict between the guardians. Given this contentious situation, it was not long before these legal disputes reached the Brazilian judiciary in search of a solution, even in the absence of specific legislation on the matter. This research is justified by the existing legislative gap. Its objective, through a deductive, literature-based research method, is to examine jurisprudence to determine the position the Brazilian judiciary has adopted in conflicts involving multispecies families with regard to the treatment of pets—whether they are considered property or if the rules of Family Law are applicable. The study also analyzes the proposed bill for the revision and updating of the Civil Code. Finally, the research indicates that the jurisprudence on this subject is not settled and that courts predominantly treat pets as movable property, although the recognition of the pet as a sentient being is already visible. Keywords: pets; co-ownership of animals; Civil Law; multispecies family; animal sentience