THE MULTIESPECIES FAMILY IN BRAZIL AND PET GUARDING

Abstract

Abstract: Affection as the driving force of the family has gained contours in the legal field, directly affecting Family Law, which allows for the most diverse family formations, including the institute called multispecies family. However, there is no provision in Brazilian legislation that covers situations involving pets and family relationships, leaving it up to the magistrate to decide the fate of the animal when a stable union or marriage breaks down. From a positivist view, the pet is seen as a ‘thing’ and not as a member of the family. In this context, the objective of this article is to explain how and to what extent the rules entitled protecting people, from children to pets, in the multispecies family may apply. To this end, the parameters and principles of the 1988 Federal Constitution are addressed, custody in the strict sense based on the paradigm of the principle of the animal's best interests, as well as the duty to support the animal on the basis of family solidarity. The research aims to carry out the necessary and appropriate legal measure for responsible custody with regard to pets in family relationships. As for methodology, the research was carried out using the logical deductive method, using bibliographic and documentary material.