Guarda compartilhada de animais domésticos no divórcio e na dissolução de união estável

Abstract

The present work proposes to analyze the possibility of applying shared custody of children by analogy, as well as bill No. 7196/10, and the theory of capacities in the case of litigation in the dissolution of stable union or divorce. Thus, the method used was the dialectic, and through it was analyzed the possibilities of applying the shared guard of the Civil Code by analogy in the case of dissolution of the conjugal bond, bill No. 7196/10, and the theory was analyzed of the capabilities of Martha C. Nussbaum. Thus, it was observed the constitutional device that seeks the animal protection and the environment, used to defend theses against animal cruelty, as was observed in the direct actions of unconstitutionality analyzed. In addition to the jurisprudential search, an analysis was made of the Brazilian legal system regarding domestic animals, as well as the Universal Declaration of the Rights of Animals. The adequacy of the term guard was discussed when defining the part that will be with the domestic animal in the lide, since it is incompatible with the theory of capacities. In this way, analyzing the possibilities, it was observed the need for more rigid animal protection, opting for the application of the theory of capacities in the juridical order as a whole, so the guard shared by analogy and the bill are incompatible with the necessity of protect the interest of the animal and its full development.