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The pet from the perspective of the multi-species family and its introductions into the brazilian legal ordinance

2017.07.24

AUTHOR: Ana Cristina Jardim Geissler. Advocate, President of the Commission for the Defense of the Rights of Animals - ODA CDDA Subseção Gravataí / RS.
AUTHOR: Nina Disconzi. PhD in State Law from the University of São Paulo - USP. Adjunct Professor, Department of Law, Federal University of Santa Maria (UFSM), RS; Professor of the Postgraduate Program at UFSM.
AUTHOR: Valdirene Silveira Flain. Master in Law from the Federal University of Santa Maria - UFSM, Santa Maria - RS - Brazil, in the Graduate Program in Law, with emphasis on Emerging Rights in the Global Society. Research Line: Rights in the Network Society. Bachelor of Laws from the Franciscan University Center Member of the Center for Studies and Research in Law and Internet CEPEDI. Lawyer. Researcher.

TITLE: THE PET FROM THE PERSPECTIVE OF THE MULTI-SPECIES FAMILY AND ITS INTRODUCTION INTO THE BRAZILIAN LEGAL ORDINANCE.

RECEPTION DATE: 13 June 2017
PUBLICATION DATE: 23 of July 2017
PUBLICATION PLACE: dA web Center

ISSN 2462-7518

ABSTRACT

The article deals with the new type of family, based on the principles of plurality and affection listed in the Federal Constitution of 1988, the multi-species family, which includes both human members and their pets. The Brazilian legal system classifies animals as goods to be shared in the event of marital dissolution. Currently there are numerous questions about pet custody, and the awareness that animals are sentient beings, taking into account their welfare. Through the dialectical method, the work aims to draw a comparison between the new type of family and the limits of current Brazilian law to protect and introduce pets into the family group and the possibility to pass a specific law, the Bill nº. 1.365/2015, which aims to be the normative basis for definitions of custody and responsible ownership of pets in the event of marital dissolution. For the selection of the bibliography we used the monographic method. The work was divided into two main chapters. The first will examine the evolution of the family, highlighting the multi-species family. The second analyses the Brazilian legislation and the protection given to the pet in case of marital dissolution.


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