MODERN CONCEPTS OF AFFECTION: SHARED CUSTODY OF PETS
DOI:
https://doi.org/10.17564/2316-3801.2021v9n2p26-40Abstract
This article addresses, starting from the Brazilian legal system, the custody of domestic animals in case of dissolution of conjugality, contextualizing the socialization and domestication of the animal and how the law deals with this matter. Non human animals are endowed with sensitivity, and their condition of vulnerability must be recognized and their rights guaranteed, and practices that jeopardize their ecological function, that cause their extinction or subject them to cruelty are expressly prohibited. Some situations regarding animals are not well defined. Brazilian law has a specific provision for cases involving family relationships and the sharing or keeping of animals, but the jurisprudence is vast and the number of demands shows the importance of studying and regularizing this issue.