SHARED CUSTODY OF PETS AT THE END OF A COUPLESHIP OR MARRIAGE CONTRACT

Abstract

The article in question aims to evaluate the emotional bond between humans and respected animals within the scope of family law, in detail with regard to custody with the breakdown of marriage and/or stable union, also demonstrating the position of the courts, projects of law and legal system of application by analogy, given the lack of specific legislation. To achieve the objective, it will be explained about the historical context of the family, conceptualization of animals in the emotional context, analysis of bills, and jurisprudential understandings and the applicability of custody by analogy regarding the Brazilian legal system. In this way, the topic is justified given the increase in the number of pets in families due to the finding of significant gaps in the legal and social context regarding shared custody of animals in the event of couples separating. With the increase in unions and marriages, it is increasingly common for couples to share the responsibility for caring for pets while living together. Finally, the methodology applied is bibliographical research, through the study of laws, projects, instructions and doctrine that deals with the topic.