Guarda compartilhada de animais: uma análise das decisões dos tribunais

Abstract

Not only Brazil, but also several other countries, begins to emerge the conception that animals are not only a mere distraction to the family, in some cases these animals have been considered as a member of the family. Due to the development of these affective relationships between human and non-human animals, discussions about the vision that is now given to domestic animals within the Brazilian legal system have become more and more constant. Discussions about how the division of pets should be made after the end of a relationship has come to court since the litigants do not accept the framing of these animals as goods to be shared, imposing on the Courts a solution that supports The paper analyzes the Special Appeal No. 1,713,167-SP, judged by the STJ and the civil appeal 0019757-79.2013.8.19.0208 of the Court of Justice of Rio de Janeiro, both on the shared guard of pets. From the analyzes it is observed that there is still a uniformity in the thinking about the subject, and the animals are now seen from the perspective of the Brazilian Civil Code, as mere properties, sometimes visualized under a Constitutional rereading of the Brazilian Civil Code , thus acquiring an affective value in relation to its owner. The methodology used in the study was the deductive research structured in doctrines, jurisprudence, decisions, judgments, norms, and the study will also observe other scientific sources, such as Biology, History, Veterinary Medicine, Sociology, Philosophy and Psychology.