MULTISPECIES FAMILIES IN BRAZILIAN LAW: AFFECTIVITY AS A CRITERION FOR INCLUDING ANIMALS IN THE FAMILY STRUCTURE

Abstract

This article examines the legal recognition of multispecies families and the role of affection in relationships between humans and companion animals. It draws on the 1988 Constitution, which enshrined family pluralism, to demonstrate the expansion of the concept of family to include formations based on bonds of affection. It identifies a regulatory gap regarding the formal incorporation of animals into the family nucleus, which creates uncertainty in matters of custody, visitation, inheritance, and protection in situations of separation or abuse. Based on doctrinal, jurisprudential, and legislative research, it analyzes recent bills, court decisions, and constitutional principles that promote the shift from viewing animals as property to a position of greater moral and legal consideration. It highlights advances in Family Law and the cultural and technical obstacles that still exist. Finally, it proposes guidelines to improve the protection of bonds between people and animals, such as parameters for custody and visits, criteria for responsibility for well-being, and mechanisms for asset and inheritance protection, defending the need for regulatory adaptation and a paradigm shift that ensures dignity and protection for guardians and animals.