MULTI-SPECIES FAMILY: SHARED CUSTODY OF PETS IN LIGHT OF BILL N° 179/2023

Abstract

Animals are no longer considered objects of possession and property, but have come to occupy the place of members of multi-species families with an affective status of equal value to humans. And although living beings, animals differ from humans only in the simple fact of consciousness, and treating them as things is to not value them as beings capable of feelings and sensations. Therefore, despite the fact that legislation has not yet adapted to situations of this nature, this does not prevent pets from being the subject of legal disputes. Thus, in the face of the conflictive breakdown of a marital relationship where they are raised as children, the objective is to analyze whether Bill No. 179/2023 presents viable and efficient solutions in the process of regularizing the custody of the animal after the breakdown of the marital bond between the guardians. The topic is important because such decisions have been based on an analogy to family law, considering the well-being of all those involved in the processes, including the animals, which cease to be considered as movable property. The method used in the research was bibliographic, through research in scientific articles, theses, monographs, legislation and jurisprudence, with a deductive approach that allowed the search for information about the problem, obtaining the expected results regarding the resolution of shared custody issues among members of multi-species families, providing security after the end of human relationships, preventing the termination from resulting in the extinction of duties assumed within the family, such as obligations towards the acquired animal, or even in endless conflicts because of it, resulting in abandonment or mistreatment.