O não humano no agrupamento familiar: novo conceito de guarda compartilhada na família multiespécie

Abstract

This article deals with the insertion of the animal within the family context, constituting the denominated multispecies family, analyzing the legal treatment given to the animals and their situation in the hypothesis of occurrence of dissolution of the conjugal bond within this family group, considering the particular yearnings of both ex-spouses and the best destination for the animal, considered to be sentient. In this sense, a doctrinal study is carried out with some jurisprudential decisions, as well as Brazilian law and comparative law, observing how the animal is being treated in the contemporary world and also how the courts have been positioned, especially the Superior Court of Justice. Finally, there is a brief explanation about some projects that bring changes in the legal treatment given to animals, and in case of dissolution of the multispecies family the possibility of granting shared custody.