MULTISPECIES FAMILY AND CIVIL LAW: THE RECONFIGURATION OF THE LEGAL NATURE OF PETS IN BRAZILIAN LAW

Abstract

Social transformations have changed the way pets are perceived, leading them to occupy a relevant position within the family unit as members of so-called multispecies families. In Brazil, this emotional bond is reflected in the increase in care and in the growing judicialization of conflicts involving pets, especially in cases of marital dissolution, in which the Judiciary has ruled on custody, coexistence, and expenses. Despite these advances, the legal system still classifies animals as movable property, revealing an inadequacy in light of current realities. Thus, the present study analyzes this incompatibility, based on doctrinal and jurisprudential review, and proposes the need to reinterpret the legal nature of animals in accordance with principles such as dignity and the prohibition of cruelty.social reality, through a doctrinal and jurisprudential review, as well as to reflect on the need to reinterpret the legal status of pets in accordance with principles such as dignity and the prohibition of cruelty.