The enactment of Law No. 15,392/2026, in force since April, provides a clear response to an increasingly common reality: pets have become a growing source of dispute in family conflicts.
The new legislation regulates shared custody of pets in cases of divorce or dissolution of stable unions, recognizing that animals hold a meaningful emotional role within the family structure. While courts had already admitted such arrangements on a case-by-case basis, the key advancement lies in the establishment of objective criteria for organizing cohabitation and expense-sharing, in light of the significant rise in related litigation.
It is important to note that the law does not equate pets with children, nor does it automatically replicate the legal framework of custody under Family Law. Rather, it represents an intermediate solution—one that acknowledges emotional bonds without compromising legal rationality—an approach that had already been developed by decisions of the Superior Court of Justice (STJ) and now gains statutory support.
In practice, the issue is likely to be incorporated into divorce and dissolution proceedings themselves, reducing parallel disputes and providing greater predictability for the parties involved.
