O status dos animais não-humanos sob a ótica do ordenamento jurídico brasileiro: a diferenciação na elaboração de legislações que tratam dos direitos dos animais domésticos e os não-domésticos

• Autor(a) principal: Costa, Helora Cardozo
• 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/15499
• topic: Direito Animal; Legislações; Sujeitos de Direito; Antropocentrismo; Especismo

OBJECTIVE: This monography paper aims to verify the differences in the Brazilian laws that deal with domestic animals and non-domestic animals. METHODOLOGY: The research uses the deductive method, since there is the analysis of documents inherent to the rules, laws and doctrines related to the theme proposed in the project. As for the level, it can be configure as exploratory, in the case of a qualitative research, whose data collection procedure took place in bibliographic and documentary form. RESULTS: Through this research, it has found that, due to the anthropocentric and speciesist view, man still places himself in a position of power above other living beings. Because of this fact, there is a barrier that blocks the drafting of laws that aim to protect animals as the sentient beings they are, without recognizing them as subjects of law. Comparisons were made between certain existing laws and bills in the country, and it is possible to verify a greater inclination to investigate greater rights to domestic animals, which, however, still receive the legal status of "things" in the Brazilian Civil Code, however, there is already a greater recognition of these beings as subjects of law, while non-domestic animals continue to be treated as goods for the common use of the people, as the Federal Constitution itself provides, the State has environmental responsibility over these beings, and therefore receive state protection within the definition of environmental crimes. CONCLUSION: It is concluded that, despite the fact that domestic animals have received greater protection within certain legislation in Brazil, already encompassing the view of animals as personified subjects, still, due to anthropocentrism and speciesism, the vast majority of animals still they are placed in the position of man's property, and there is a predominance of laws for animals considered closer to humans, that is, the domestic animal, while non-domestic animals are not treated within a broad legislative protection. Thus, in view of the research carried out, it is possible to see the differentiation in the drafting of legislation that deals with domestic animals, being, therefore, different from those involving non-domestic animals.