The pet under the perspective of jurisdictional guardianship

The respective work presents, based on the principles of plurality of forms of family and the principle of affectivity listed in the Federal Constitution of 1988, a new type of family: the multi-species family. It is the one which aggregates both human members and their pets, which sometimes play the role of children. The Brazilian legal system classifies animals as property and such definition places pets as things to be shared in case of marital dissolution. Thus, it makes them, sometimes, object of the law, in cases of litigation between their owners. Today, there are countless issues regarding the custody of pets, similar to the disputed custody of a human child. There is the awareness that animals are sentient beings and therefore their welfare must be taken into consideration. And how do judges base their decisions; under which perspective of jurisdictional guardianship is the animal classified as a subject of law; is its welfare considered or an asset to be shared, when the couple in litigation? Concrete cases were analyzed and it is concluded that there is much divergence as to which line of thought the magistrates.