ANIMAL RIGHTS IN BRAZILIAN JUDICIAL DIVORCE: AN ANALYSIS BASED ON THE 2002 DRAFT CIVIL CODE REFORM

Abstract

The relationship between humans and pets has evolved significantly, with the presence of these animals in homes becoming increasingly common. Nowadays, many families have pets, and some couples choose to treat them as children. However, when divorce occurs, there is a need to ensure the rights of these animals, just as it happens with human children. With the evolution of the concept of family, including the so-called “multispecies family”, animals began to be considered in separation proceedings. In this context, Bill No. 4/2025 proposes updates to the Civil Code (Law No. 10.406/2002), including the recognition of animals as sentient beings, that is, capable of feeling sensations and emotions consciously. This change represents an advance in the legal protection of animals in situations of marital dissolution. This paper aims to analyze the regulations and understanding existing in the current legal system in promoting the well-being of animals and their individual guarantees regarding judicial divorce. Regarding methodology, the research will be based on descriptive bibliographical research, adopting the dialectical method, using the qualitative approach as a form of approach.