Derecho Animal (Jul 2017)

The pet from the perspective of the multi-species family and its introductions into the brazilian legal ordinance

  • Nina Disconzi,
  • Ana Cristina Jardim,
  • Valdirene Silveira

DOI
https://doi.org/10.5565/rev/da.11
Journal volume & issue
Vol. 8, no. 3

Abstract

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The article deals with the new type of family, based on the principles of plurality and affection listed in the Federal Constitution of 1988, the multi-species family, which includes both human members and their pets. The Brazilian legal system classifies animals as goods to be shared in the event of marital dissolution. Currently there are numerous questions about pet custody, and the awareness that animals are sentient beings, taking into account their welfare. Through the dialectical method, the work aims to draw a comparison between the new type of family and the limits of current Brazilian law to protect and introduce pets into the family group and the possibility to pass a specific law, the Bill nº. 1.365/2015, which aims to be the normative basis for definitions of custody and responsible ownership of pets in the event of marital dissolution. For the selection of the bibliography we used the monographic method. The work was divided into two main chapters. The first will examine the evolution of the family, highlighting the multi-species family. The second analyses the Brazilian legislation and the protection given to the pet in case of marital dissolution.