THE MULTISPECIES FAMILIES AND THE ANIMALS GUARD: EVOLUTION, AND THE RECENT LEGISLATIVE UPDATE IN BRAZIL

Abstract

This article analyzes the evolution of the concept of family in Brazil and the emergence of so-called multi-species families, in which pets come to occupy the position of members of the family nucleus due to the affective bonds established with their guardians. Despite this increasingly present social reality, Brazilian legislation still classifies animals as property or mere movable property, which proves insufficient to deal with conflicts involving the custody or cohabitation with pets, especially in cases of marital dissolution or dissolution of stable unions. Given this scenario, the study aims to analyze the historical evolution of the role of animals in Brazilian families and discuss whether the current legislative approach legally recognizes the relevance of affective relationships between humans and animals, contributing to greater legal certainty in judicial decisions. To this end, the research adopts a qualitative methodology, with documentary content analysis, and a quantitative methodology regarding data observation, using bibliographic research and analysis of recent case law as instruments. The investigation examines judicial decisions that have sought solutions based on Family Law institutions, such as shared custody and visitation rights, in the absence of specific normative provisions. As a result, it is observed that current legislation still objectifies animal existence and provides very weak solutions within the judicial system, highlighting the need to readjust the legal framework to keep pace with social transformations and guarantee adequate protection for the affective bonds present in multi-species families.