Da objetificação à afetividade

Fundamentos teóricos e construção jurisprudencial da família multiespécie no Brasil e em Portugal

Abstract

This article is part of a broader research project developed within the framework of an academic dissertation and aims to examine the legal consolidation of the multispecies family, based on the overcoming of the anthropocentric paradigm of modern sciences and the emergence of a new paradigm of animal protection. It departs from the understanding that the recognition of animal sentience and the multidimensional nature of sustainability has produced significant impacts on law, particularly on Family Law. The objective of the study is to examine the theoretical foundations of this paradigmatic shift and to investigate how such assumptions have been incorporated into jurisprudential development in Brazil and Portugal, notably through the valorization of affectivity and the plurality of family entities. Methodologically, the research adopts a qualitative, critical-hermeneutic approach, departing from the traditional deductive method, combined with the procedural method of comparative study, based on doctrinal and jurisprudential research. The results indicate that, although specific legislation is lacking, the multispecies family has achieved implicit legal recognition in both legal systems, especially through judicial activity, which has increasingly acknowledged companion animals as holders of legally relevant interests within the family sphere.