SP court orders family to return rare breed dog they adopted illegally

The São Paulo Court ordered a family from Itapevi to return an illegally adopted Afghan Hound dog after the animal escaped from its legal guardians.

The return decision had already been determined by judge Peter Eckschmiedt, from the 2nd Civil Court of Itapevi, and has now been unanimously maintained by the 36th Private Law Chamber of the São Paulo Court of Justice (TJ-SP).

The dog, considered a rare breed, was found two kilometers from the escape site by an animal protector, who gave it up for adoption to Itapevi’s family.

According to the lawsuit, the legal guardian claimed that the dog ran away after her daughter left the house gate open.

The family that adopted it illegally refused to return the animal, claiming that it showed signs of abuse and had already created an emotional bond with it. Furthermore, the family also said they were not sure it was the same dog.

In his vote, the appeal’s rapporteur, judge Walter Exner, highlighted that the facts and evidence in the case file reliably demonstrate that it is the same dog.

“It should be noted that any situation of mistreatment of the animal – for which responsibility has not been demonstrated, so much so that the archiving of the investigation files at the request of the Public Prosecutor’s Office, due to the lack of evidence of authorship of the dog’s injuries – would not justify the claim of retention of the animal by the defendant”, highlighted Exner.

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*Published by Pedro Jordão, with information from Catarina Nestlehner, from CNN in Sao Paulo