A possibilidade de inserção de animais domésticos em questões atinentes ao direito de família.

Abstract

This paper is about the rights of domestic animals. In the current perspective, the concept of family is much more diverse; there is not just one pattern, there are several possibilities. In this scenario, the increasing presence of domestic animals in the family nucleus stands out, not in a substitutive way, but in an inclusive way. Considering this, although there is no legal basis for this, there is a need in family law to include domestic animals in disputes such as divorce, for example. The approach method to be used in this work will be hermeneutical, as it will analyze different jurisprudential decisions that involve disputes in relation to domestic animals in family law. Therefore, it is necessary for Brazilian legislation to regulate topics such as guardianship, visits and provision of financial assistance, since pets have basic needs to be fulfilled by their guardians. For that reason, this paper aims to: determine the concept of family in Brazil today and how this concept can encompass domestic animals; investigate the incidence of disputes involving Family Law and domestic animals, focusing on cases of divorce and dissolution of stable unions; compare the different jurisprudential understandings regarding guardianship, visits and provision of financial assistance in relation to domestic animals.