Famílias multiespécies: guarda de animais de estimação após dissolução do vínculo conjugal

Abstract

This present monographic article refers to the possibility of decision over the rightful custody of pets by the Judiciary Branch. The goal of this essay is to analyze which criteria will be used by the judge to choose the most adequated custody and, eventually, also decide the granting of visitation. The method used was a hypothetical deductive and descriptive survey, by books, magazine articles, monographs, master's thesis, and the legislation in exercise. This essay is showed that the judge should follow the institute of analogy, which should be based on the best option for the pet. To conclude, is perceptible the necessity of changing, the law must recognize all pets as subjects of rights, because the ruling Civil Code sees them as objects. A reliable path for this pet status switch would be including them as depersonalized entities category, by doing that, they would become subjects of rights, without the necessity for changing status to a person.