O direito do ser animal em ser considerado sujeito de direito

• Autor(a) principal: Demai, Giovana
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7085
• topic: Direito do ser animal; Sujeito de direito; Dignidade

The right to be an animal throughout history has been shown to evolve gradually. The main motivation for choosing the present theme is the prejudice that has plagued human beings for a long time, believing that the animal being for not having its rationality, is, therefore, an inferior living being, a living object of its own, as the first chapter will expose. As a result, the number of ill-treatment is still very significant worldwide, although it will be seen in the course of the monograph that several countries have already improved the legal situation of animal beings. In Brazil, the Constitution of the Federative Republic of Brazil of 1988, as the largest Brazilian law, took care to protect the rights of animal beings by establishing in Article 225, § 1, paragraph VII, on the prohibition of submitting animal beings cruelty, which is why the Environmental Crimes Law came into force in 1998. However, it will be analyzed that such a law does not effectively punish those who mistreat animal beings, just as there are no other laws that ensure their effective protection. Then, the second chapter will deal with how the animal is exploited in society in general, as well as the consequences that such actions bring to animal beings, through didactic and scientific experiences, as in circuses and zoos. It will bring cases judged by the Superior Courts that became known throughout Brazil, due to the atypicality of patients in the demands of “habeas corpus”. The last chapter, on the other hand, deals basically with the reasons why animal beings should be recognized as subjects of law, above all. In this line of reasoning, it will be demonstrated that for these reasons they deserve to be treated with dignity. In this way, it is concluded that the Brazilian legal system is extremely important in recognizing to the animal being, the condition of subject of law with its eventual legal personality, since they are already subjects of a life and consequently have the right to dignity. Regulatory and abolitionist theories will also be brought up. The method used for the monograph was deductive. The research has a qualitative nature. The procedure method is monographic and the research technique is bibliographic.