(IM) POSSIBILITY OF ANIMALS KEEPING IN THE BRAZILIAN LEGAL ORDER

Abstract

The (im)possibility of legal custody of animals in the Brazilian legal system is a matter of utmost relevance, as it has not been legally codified in Brazil yet. However, the topic is already the subject of heated debates, given the requests that have reached the Brazilian judiciary. Thus, this study aims to analyze the possibility or impossibility of applying the institution of guardianship to pets in Brazil, taking into account developments in doctrine and jurisprudence oncerning multi-species families and sentient beings. The methodology employed in this article extracted information from books, laws, articles, and jurisprudence, using the deductive method. It was concluded that there is no harmony in the decisions, as some domestic courts have applied the shared guardianship institution related to parental authority, while others have applied property rights laws, revealing the need to change the legal nature of pets for their full protection.

Keywords: Animal guardianship. Multi-species family. Sentient beings.