A proteção jurídica da fauna à luz da Constituição brasileira

• Autor(a) principal: Baratela, Daiane Fernandes
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6908
• topic: Fauna; Proteção; Direitos dos animais; Constituição Federal; Fauna; Protection; Federal Constitution; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This paper intends to offer a new legal significance for fauna though the study of Environmental constitutional Theory. Thus, it was investigating the contemporary tendency of personality attribution and rights for the animals, addressing the legal concept of person, the position of the traditional doctrine on the theme and the main arguments developed by philosophers like Peter Singer, Tom Regan and Gray Francione. It was established that the difficulty on the issue of animal rights derives from three factors: speciesism, the anthropocentric approach to the right and the dominant culture that animals are things, devoid of any rights. This study had the foundation the change implemented by current Brazilian Constitution that ensured the basic right of the animals are not subjected to any form of cruelty, Article 225, Paragraph 3, Item VII, allowing the recognition of the awakening of constitutionalism environmentally-friendly design that brings a new valuation beings and holistic thinking as moral foundation, leaving behind the absolute belief in the superiority of the human species forward to other living beings. We must go beyond the anthropocentric model. The sustentation of a minimum right the subsistence of all animals make to emergence new fundamental rights such as the inherent rights in all animals, which must be incorporated into the dimension of the concept of dignity. It should be stressed here that as the right is thought in terms of the persons, it's time it was including other subjects in order to build a new dimension of these fundamental rights, expanding the protection of this principle to reach the animals. To enrich the discussion and illustrate it, a judicial review of the issue at the national and international law was carried out, because where there is a solid constitutional theory endorsing the interpretation and application of constitutional norms, usually results in the emergence of a constitutional jurisdiction active