Animals, divorce and legal consequences

This work, through bibliographic research of laws, judicial decisions and doctrine, intends to present to the reader, in an objective manner, the reflections and the position of the Brazilian legislation on the issue of domestic animals involved in disputes custody in divorce proceedings. In this co...

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Main Author: Camilo Henrique Silva
Format: Article
Language:English
Published: Universidade Federal de Santa Catarina 2015-07-01
Series:INTERthesis
Subjects:
Online Access:https://periodicos.ufsc.br/index.php/interthesis/article/view/38984
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author Camilo Henrique Silva
author_facet Camilo Henrique Silva
author_sort Camilo Henrique Silva
collection DOAJ
description This work, through bibliographic research of laws, judicial decisions and doctrine, intends to present to the reader, in an objective manner, the reflections and the position of the Brazilian legislation on the issue of domestic animals involved in disputes custody in divorce proceedings. In this context, this paper addresses the Brazilian legislation regarding custody, visitation rights and alimentation, and its use, by analogy, in the case of pets, due to the absence of a specific rule. We describe how the judges and courts are positioned in the cases prosecuted and present the requirements to be followed to decide the dispute, with a view to the welfare and interest of the animal. In proceedings involving pets, it becomes legal to give the custody and visitation rights to spouses/guardians and establish an obligation to provide food to animals.
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spelling doaj.art-228492eff6fc421b84c8b932a8547a852022-12-22T01:57:44ZengUniversidade Federal de Santa CatarinaINTERthesis1807-13842015-07-0112110211610.5007/1807-1384.2015v12n1p10223981Animals, divorce and legal consequencesCamilo Henrique Silva0Universidade Federal de Mato Grosso do Sul, Corumbá, MSThis work, through bibliographic research of laws, judicial decisions and doctrine, intends to present to the reader, in an objective manner, the reflections and the position of the Brazilian legislation on the issue of domestic animals involved in disputes custody in divorce proceedings. In this context, this paper addresses the Brazilian legislation regarding custody, visitation rights and alimentation, and its use, by analogy, in the case of pets, due to the absence of a specific rule. We describe how the judges and courts are positioned in the cases prosecuted and present the requirements to be followed to decide the dispute, with a view to the welfare and interest of the animal. In proceedings involving pets, it becomes legal to give the custody and visitation rights to spouses/guardians and establish an obligation to provide food to animals.https://periodicos.ufsc.br/index.php/interthesis/article/view/38984Direito animalBioéticaMeio ambiente
spellingShingle Camilo Henrique Silva
Animals, divorce and legal consequences
INTERthesis
Direito animal
Bioética
Meio ambiente
title Animals, divorce and legal consequences
title_full Animals, divorce and legal consequences
title_fullStr Animals, divorce and legal consequences
title_full_unstemmed Animals, divorce and legal consequences
title_short Animals, divorce and legal consequences
title_sort animals divorce and legal consequences
topic Direito animal
Bioética
Meio ambiente
url https://periodicos.ufsc.br/index.php/interthesis/article/view/38984
work_keys_str_mv AT camilohenriquesilva animalsdivorceandlegalconsequences