PL 179/2023 Proposes Custody and Alimony for Pets in Separations, Recognizing Dogs and Cats as Family Members in the Civil Code.
The Bill No. 179/2023, presented in the Chamber of Deputies by deputies Matheus Laiola (União Brasil-PR) and Bruno Lima (PP-SP), could profoundly change how Family Law treats pets in Brazil. The proposal, which has been in progress since March 2023, recognizes that dogs, cats, and other pets are sentient beings capable of feeling emotions and, therefore, should have rights guaranteed in case of separation from their guardians.
If approved, the text authorizes judges to determine shared custody, visitation rights, and alimony for the animal, considering the pet’s well-being and the emotional bond built within the family.
PL 179/2023 Seeks to Recognize Pets as Part of the Family
The proposal amends the Civil Code (Law No. 10.406/2002) to allow judges to decide with whom the animal should stay in cases of divorce, dissolution of stable union, or end of relationship — considering the emotional bond and not ownership, as is done today.
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The text also opens the possibility of establishing alimony to cover costs for food, health, shelter, and well-being of the pet, to be paid by the guardian who does not hold primary custody.
According to the authors, the project aims to “keep up with social evolution,” as pets have ceased to be viewed merely as property and have come to occupy an emotional and affectionate space within Brazilian homes.
Justice Has Already Recognized Custody and Alimony for Pets in Isolated Decisions
Even without specific legislation, Brazilian courts have been deciding cases of custody and alimony for pets based on principles such as animal dignity and emotional bonds.
A notable example occurred in 2022, when the Superior Court of Justice (STJ) decided that custody of a dog should be shared between ex-partners, as the animal was part of the couple’s routine and emotional life (REsp 1.713.167/SP).
These decisions, while isolated, have created a jurisprudential basis that strengthens projects like PL 179/2023 by demonstrating that society and the Judiciary already recognize the emotional role of pets.
Debate in Congress: Social Progress or Legal Banalization?
The project divides opinions in Congress and among experts. Legislators linked to animal welfare and family law argue that the text represents a civilizational advance, aligning Brazil with countries such as Portugal, Spain, and France, which already legally recognize animals as sentient beings.
On the other hand, some criticize the proposal, claiming that creating new legal obligations could lead to complex judicial conflicts, especially in contentious separations. Nevertheless, the project has strong popular support and is set to be debated in the Environment and Constitution and Justice committees before proceeding to the plenary.
Understand the Practical Impact of the Measure
If PL 179/2023 is approved, judges will be able to determine:
- Exclusive or shared custody of domestic animals;
- Visitation rights for the non-resident guardian;
- Alimony, set according to the financial capacity and needs of the animal;
- Evaluation of emotional bonds as a central criterion, and not just the ownership of the pet’s registration.
These measures would ensure that even after the end of a relationship, the animal continues to receive care, attention, and emotional stability.
Brazil Could Become a Reference in Legal Protection for Pets
With the advancement of PL 179/2023, Brazil could join the group of countries that legally recognize the rights of domestic animals the most.
In addition to protecting dogs and cats, the text serves as a basis for rethinking the role of affectivity in Civil Law, bringing laws closer to the reality of millions of families that consider their pets true members of the household.
As the project continues to progress, the debate continues to grow on social media and in universities: the love for animals is already a social reality — it now needs to become a legal reality.

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