A possibilidade jurídica da guarda compartilhada dos animais de estimação nas dissoluções de casamento ou união estável

Abstract

The present college project approaches the pets custody’s theme in cases of marriage dissolution or stable union. Still not positived in brazilian law, and with the growing demand for solutions in this legal framework, many judges have faced with difficulty the absence of a law that approaches this specific issue. Although they use the technique of interdisciplinarity, treating the nonhuman animals involved in the case as if the couple’s minor children were, there is still a need to change the concept of the animal in the brazilian civil code, which categorizes it as a movable property. Until a specific law has been passed proposing the regiment on the controversial subject, many human and domesticated nonhuman animals will remain hostages of outdatedness brazilian’s law.