O instituto da “guarda” na família multiespécie: do destino do animal de estimação após a separação do casal

Abstract

Animals have always integrated a special space in the life of humanity, since the beginning, with domestication, they had special spaces in homes, becoming important within the family context. With the innovation of family relationships, other family configurations other than the traditional ones are now accepted. The law as a social regulator, follows these changes, understanding that even the family, considered the structural basis of society, changes and can gain new adornments, for this it recognizes family configurations such as anaparental, single parent, homoaffective, among others. Faced with the growing level of affection of human beings towards animals, which have come to play a crucial role within the context of families, Brazilian law also recognizes the so-called multispecies family, that consisting of people and their pets. It turns out that such recognition generates expectations regarding the application of institutes arising from this family relationship, of which the present work has as main objective to discuss the institute of "guarding" within the multispecies family, being made an analysis of the case of pets at the time of family dissolution. With this, it will develop specific objectives such as presenting the categorization of animals within a Brazilian socio-historical and legal perspective, reviewing family law and its peculiarities, understanding how the concept of family has evolved, even to the multispecies, investigating the extension of the guardianship institute in the context of pets, under the prism of jurisprudential trends and bills that intend to regulate the issue, discussing some other institutes related to guardianship. As a methodology, this study is characterized as bibliographic and exploratory, as it is developed through research and theoretical foundations arranged in articles, monographs and books, in order to develop a reasoned and critical approach to the topic addressed also through materials already published. on internet sites, where exploratory research aims to get closer to the topic and raise hypotheses.