The Justice of São Paulo denied the request for alimony for a pet claimed by a woman after divorce. The decision is from the 4th Chamber of Private Law of the São Paulo Court of Justice, which last Wednesday (16), upheld the 7th Civil Court of Santo André on the case.
According to the case, The pet was jointly bought by the then couple and was under the exclusive guard of the woman after the separation. The plaintiff claimed not to have a financial condition to bear all expenses for the well-being of the PET and therefore called the court to obtain the alimony.
According to the lawsuit, the plaintiff also maintained that the pets are “seventies, with recognized legal protection”. For her, the claim that there is no more coexistence or affection for the animal could not exempt the former partner from her obligations, since eventual lack of care with the animal would subject her to legal sanctions, such as denunciation of mistreatment and abandonment.
However, in the judgment, the rapporteur of the appeal, Fatima Cristina Ruppert Mazzo, stressed that although pets deserve special legal protection and play a relevant role in relations with humans, with ties of affectivity, It is not possible to assign to them the status of subjects of law.
“As the sentence stressed, there is no possibility of analogical application in the case of the provisions regarding family law regarding the alimony resulting from affiliation,” he wrote.
Finally, the magistrate considered that animal expenses are obligations of responsibility of the owner:
“Expenses with the cost of subsistence of animals are obligations inherent to the condition of owner and, in this case, are the sole responsibility of the appellant, who exercises the exclusive possession over the animal,” concluded the magistrate.
