DIREITO DE FAMÍLIA NA DISCUSSÃO ACERCA DA GUARDA DE ANIMAIS DE ESTIMAÇÃO EM SEDE DE DIVÓRCIO OU DISSOLUÇÃO DE UNIÃO ESTÁVEL

Abstract

This work addresses how Family Law, its subject matter and principles can serve the discussion held in the Judiciary in the discussion of the custody of domestic animals in the context of marital dissolution. Such an approach is necessary given the absence of legislation on the topic. The objective of this study is to analyze how Family Law has been applied in discussions about the guardianship of pets when a marriage or stable union is dissolved. This attempt will be achieved through a bibliographic and literature review, with data sources being legislation relevant to the topic and data produced in other studies on the topic. The analysis demonstrated that although the legislation present in the Civil Code places animals as objects, judicial decisions have considered some principles of Family Law when assessing the merits of the dispute, especially the principles of human dignity, the principle of affection and the principle of the social function of the family.