Four paws son: alimony in cases of one-sided custody of domestic animals

Abstract

Multispecies families became common in our society and, as a result of this fact,
problems only analyzed in the traditional family models began to appear in the judiciary. Because of
this, the fate of the pet after the couple's divorce began to have the same relevance as the fate of

1
Pós-Graduada em Direito Tributário pela União Brasileira de Faculdades -UNIBF; Pós-Graduada em Direito Civil e Processo
Civil de Acordo com o Novo CPC pela União Brasileira de Faculdades- UNIBF; Graduada em Direito pela Universidade
Tiradentes -UNIT; Advogada Trabalhista e Civil.
2 Mestre em Direito pela Universidade de Caxias do Sul; Graduada em Direito pela Universidade Católica de Pelotas;
Professora na Universidade Federal de Sergipe
Revista Brasileira de Direito Animal, v. 17, n. 1, p. 1-19, jan./maio 2022 2
the human child, bringing up the discussion about alimony. The main objective of this work is to
analyze the possibility of applying to the domestic animal, as a family member, the same right that
would be applicable to a child or adolescent, in this case, the alimony institute before the one-sided
custody. The adopted methodology in the production of this work was qualitative and quantitative,
being performed the literature review by the google academic tools, as well as doctoral theses,
master dissertations and scientific articles. Jurisprudential research was also conducted in order to
understand the most prevalent thinking adopted by legal operators. Thus, it was possible to see that
the application of the alimony for domestic animals is not only a measure of the fairest justice but is
also possible, and whenever necessary, imposed on the “father” who has the right to visit in the onesided custody of the non-human animal.