A guarda responsável dos animais de estimação na dissolução da união estável

Abstract

The family is the basis of society regardless of how and by whom it is constituted, this being the interpretation of the Federal Constitution of 1988 in order to guarantee protection for family entities and their members. Stable union in its essence constitutes the simplest ways to form a family, as it does not lack any state interference for its constitution and dissolution, excepting situations in which they generate conflicts, when, for example, the dispute for the pet appears at the center of the discussion. pet. The starting point of the work is to analyze the responsible custody of pets in the face of the breakup of the common-law marriage. It is justified by the need to resolve situations that do not meet the corresponding legal framework, lacking a civil-constitutional interpretation of the specific case. In turn, the objective is to investigate the possibility of applying the rules regarding the exercise of responsible custody in relation to the pet as family members upon the dissolution of the common-law marriage. Regarding the method, there was application of the deductive from the observation of general statements to obtain a specific conclusion, I use bibliographic research of a qualitative nature and the historical method as an auxiliary. Finally, there is the possibility of applying the idea of responsible human custody to pets when the common-law marriage is dissolved.