FOOD AND KEEPING DOMESTIC ANIMALS AFTER TERMINATION OF MARRIAGE RELATIONSHIPS

Abstract

Changes in the context of socio-family formation have brought closer the understanding that Family Law enhances the basic formation of thought regarding the recognition of the multispecies family, which is the composition of human and non-human family members, established from the affective bond and animal companionship. With the proposal to advance in the analysis of the theme, the present work brings to the following problem: what is the scope of the Brazilian legal system for the recognition of domestic animals as subjects of law and the guarantee of food and custody in the undoing of marital family relationships? Seeking to answer the question, the general objective was to analyze the right of custody and food for domestic animals in the legal framework of Brazil when marital relations are broken. In the same contribution, the following specific objectives were established: to understand the legal nature of pets when marital relations are terminated and, to identify the jurisprudential and doctrinal understanding about the possible guarantees for food intended for domestic animals. Qualitative, exploratory, and descriptive research was used, making use of bibliographical references relevant to the central theme of the work, taking advantage of the legislative interpretation in the broadest sense, from the recognition of the animal as a sentient being and its personification or depersonification and on responsible custody, in the light of jurisprudential understanding. It was possible to conclude that there is the possibility of forming a multispecies family, by attributing responsibilities to the assumption of expenses related to the food needs of pets.