A PROTEÇÃO DOS DIREITOS DOS ANIMAIS DOMÉSTICOS NO BRASIL EM FACE DA SUA NATUREZA JURÍDICA

Abstract

This scientific article aims to analyze through exploratory quantitative basic research, from a bibliographical survey, the conflicting legal nature of animals in Brazilian legislation, the main currents of thought that justify the legal protection of non-human beings and the possible adequacy of the legal nature of domestic animals in the face of legal advances. Animal Law is a new branch of law that has been consolidated in recent decades, the result of behavioral changes in society with greater awareness of environmental protection. It is also noticed that the defense of animal rights presents considerable legislative advances, in Brazil and in other countries, based on the scientific evidence of the biological fact of sentience. However, in national legislation, despite the publication of recent legal provisions that toughen the penalties for those who practice mistreatment of domestic animals, these still bear the legal nature of objects. This conflicting legal nature may somehow limit the effective protection of animals, as it does not value their fundamental rights as living, sentient beings who must be treated with dignity. It appears that society asks for this legislative adjustment in relation to non-human animals. Thus, the present work points out alternatives, such as the Bill of Law that considers non-human animals as holders of a sui generis legal nature, thus being subjects of de-personified rights and their treatment as a thing prohibited.