Novos paradigmas do direito de família: análise da família multiespécie à luz das recentes decisões do Superior Tribunal de Justiça

Abstract

This study analyzes the new paradigms of Family Law, focusing on the emerging concept of the multispecies family and its reception by recent decisions of the Superior Court of Justice (STJ). It begins with the historical evolution of the family concept in the Brazilian legal system, marked by the overcoming of traditional models in favor of arrangements based on affectivity, equality, and human dignity, principles enshrined in the 1988 Federal Constitution. The research addresses the transition from a patrimonialist view to one that values affective bonds, culminating in the recognition of new family entities, including those composed of humans and their pets. It investigates the problem of the lack of specific legislation to protect multispecies relationships, especially in contexts of dissolution of marital bonds, and how the STJ has positioned itself regarding demands such as custody and visitation rights for animals. The research is portrayed qualitatively, using bibliographic research methodology and jurisprudential analysis; the work explores legal controversies, the importance of animal sentience, and the landscape of comparative law. It is concluded that, despite jurisprudential advances in recognizing the importance of affective bonds with animals, there is a persistent need for legislative adaptation to provide greater legal security to multispecies families, reflecting the growing social and legal sensitivity towards animal welfare and the complexity of contemporary family relationships.