Família multiespécie: litígios oriundos da dissolução do casamento e união estável e as implicações no ordenamento jurídico brasileiro

Abstract

This article aims to analyze the possibility of using shared custody of domestic animals in litigation arising from the dissolution of marriage and stable union, since the country's legislation is still silent on the subject. To do so, it was traced, briefly, the ressignification of the conception given to the family, from what was understood in the twentieth century, to the amplitude of affective bonds, as we see today. The study, through the deductive method and qualitative approach, besides the bibliographic and documental procedure, tries to present, as a way of filling in these legal gaps involving the issue, the possibility of applying by analogy the shared custody, foreseen in the family right, to animals, according to the Bill n. 542/18. However, given the (im)probability of approval of the referred Bill, it is also defended, as a guide, the understanding of the Colending Court of Justice, in Resp 1. 713.167-SP, reported by the Minister Luis Felipe Salomão