Aplicabilidade dos institutos da guarda e da partilha de bens em casos de dissolução da sociedade conjugal que versem sobre animais de estimação

Abstract

The present study aims to analyze how pet ownership or custody is judged by Brazilian Family Courts and to consider which civil institute, between custody and sharing of assets, is the most appropriate to be applied in cases of dissolution conjugal society. The work was developed through the method of bibliographic and experimental review through books, scientific articles and pertinent legislation, in addition to quantitative authorial research. Thus, the article goes through the brief history of Family Law and the fundamental and inherent rights to living beings guaranteed by the constitutional text and the basic principles of Family Law, which brings us to the main theme that is the applicability of custody and sharing of assets in cases of dissolution of the conjugal society that deal with pets.