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Pioneering Experience in Goiás Ensures Shared Custody of Pets, Compensation for Animal Suffering, and Legitimate Action of NGOs, While the 2025 Civil Code Reform Seeks to Nationalize This Model
While Brazil discusses the reform of the Civil Code that could legally recognize animals as sentient beings, Goiás has been living this reality for several years. The state has become a national reference by anticipating changes that are now gaining traction in Congress, with the Bill No. 4 of 2025, which aims to consolidate at the federal level what has already been implemented in Goiás: the recognition that dogs, cats, and even wild animals feel pain, pleasure, fear, and affection, and therefore deserve their own legal protection.
Since the enactment of the Animal Welfare Code of Goiás, the state has broken with the still predominant property-based logic in the national Civil Code. Today, it is already possible for animals to be represented in legal actions by guardians, NGOs, and legitimized entities, consolidating practices that should soon be extended throughout the country.
As highlighted by the Jornal Opção, this legal experience transforms Goiás into a true legal and ethical laboratory, serving as inspiration for the national reform.
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Advancements in Shared Custody and Affective Bonds Recognized in Court
One of the most innovative points in Goiás is the application of shared custody in cases of marital separation. Judges in Goiás already analyze coexistence with pets based on the affective bond and the ability of each party to provide well-being. The expectation of dividing expenses for health, food, and leisure, which will be included in Article 1,566, §3 of the Civil Code by Bill No. 4/2025, already finds solid support in local jurisprudence.
Lawyer Pauliane Rodrigues Mascarenhas, president of the Special Commission on Animal Law of OAB-GO, explains:
“This practice already exists in Goiás, but the reform will bring legal security. Today, each judge decides based on principles, without a clear norm. With the change, we will have uniformity and greater protection for animals.”
Recently, here on the CPG portal, we reported the importance of the new Civil Code that legally recognizes animals as beings endowed with feelings. This debate underscores the relevance of the experience in Goiás as a basis for transformation throughout the country.
Compensation, Civil Responsibility, and Legal Pioneering in Goiás
Another important advancement is the granting of compensation for animal suffering. Cases of veterinary negligence, assaults, or accidents are already judged based on sentience and emotional bond with the guardian. This model, still rare in other states, strengthens convictions for mistreatment and broadens effective protection for pets.
Moreover, the active legitimacy of NGOs and protectors is already recognized in Goiás, anticipating adjustments that the Civil Code reform will also bring to the Code of Civil Procedure and the Penal Code.
According to Pauliane, “what Goiás has constructed serves as a foundation for the national reform. Here, animal suffering is already recognized as moral and existential damage, strengthening convictions for mistreatment.”
Local Challenges and the Relationship with Agricultural Culture
Despite the pioneering efforts, Goiás faces its own challenges. The state has a strong agricultural tradition and hosts cultural events involving animals, such as horseback riding and exhibitions. Adapting these practices to a legal model that recognizes animal sentience requires balance.
For lawyer Pauliane Rodrigues Mascarenhas, the transition needs to be gradual:
“It is not about abolishing traditions but adapting them with strict protocols for welfare. European countries have shown that it is possible to reconcile culture and respect for animal life,” she comments.
This debate reveals how the reform is not limited to the legal aspect but also influences culture, economy, and local traditions.
Public Policies and Strengthening Civil Society
The recognition of animal sentience has strengthened public policies in Goiás, such as mass spay-neuter programs, responsible adoption campaigns, and combating the trafficking of wild animals. The actions of NGOs and independent protectors have gained legal support to act more effectively, while enforcement has greater legal security to apply measures.
This model creates a cooperative environment between the public authority and organized civil society, consolidating advances in the area of animal protection.
Goiás as a National Reference and Inspiration for the New Civil Code
With its own legislation, consolidated jurisprudence, and institutional prominence, Goiás has become a national reference in animal law. The Bill No. 4 of 2025 not only draws inspiration from this experience but seeks to replicate it on a federal scale, unifying practices and ensuring greater legal security across the country.
Pauliane summarizes the importance of this movement:
“The new Civil Code aims to consolidate the advances we have already experienced in Goiás. It marks the beginning of a new era, in which the law recognizes that non-human life also matters.”
This transformation reinforces Brazil’s role on the international stage, aligning it with the practices of countries that already recognize animal sentience in their legal systems.
Todos serão veganos?
Quero saber se a norma abrange só os pets ou se estende aos animais silvestres, caçados covardemente por mero prazer de matar.
Ah, um churrasco. Que delícia.