Os dilemas e consequências da classificação dos animais não humanos do Projeto de Lei 27/2018

• Autor(a) principal: Coêlho, Luiza Oliveira Moraes
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: http://ri.ufs.br/jspui/handle/riufs/17145
• topic: Direito; Ensino de direito; Direito animal; Sujeito de direito; Projeto de Lei 27/2018; Direito ambiental; Natureza jurídica; Antropocentrismo; Animal law; Subject of law; Law Project 27/2018; Speciesism; Legal nature; Anthropocentrism; CIENCIAS SOCIAIS APLICADAS::DIREITO

Over the years, humans have been treating animals as objects and keeping them available for different purposes, reaffirming the anthropocentric view of society. The laws created follow a speciesist logic, in which human beings have their interests above other living beings, and in terms of the Brazilian legal system, there is no effective protection for other species of animals. With the aim of protecting animals, there is the prospect of no longer considering them as disembodied subjects and starting to acquire legal personification, according to the Chamber's bill nº 27/2018, however, little is said about what the consequences and dilemmas caused by the innovative classification of non-human animals with a sui generis legal nature and as subjects of depersonalized rights. Therefore, the objective of the present study was to analyze the original text and amendments of Bill 27/2018, as well as to present considerations about Animal Law today, its main consequences or shortcomings in some areas and demonstrate possibilities to increase protection. and dignity of nonhuman animals without completely altering their legal nature. For the execution, a qualitative methodology of exploratory, descriptive and comparative nature was used in the present study. The questioning about the rights of non-human animals emerges as a new and fundamental branch of law, since previously, mainly from the texts of René Descartes (1596-1650), science had a materialist bias, in which everything made of matter is an automaton, governed by the rules of the universe, except the human being. The rupture of these thoughts starts supported by the ideas of the French philosopher Montaigne (1533-1592), who was totally against the practice of cruel acts against animals, and in favor of respect for life. Currently, Peter Singer (1946-), Tom Regan (1938-2017) and Gary Lawrence Francione (1954-) stand out and, between gains and difficulties, there is a difference between the treatment of species, especially between domestic animals and those used as food. In Brazil, the Federal Constitution of 1988 represented a great advance and evolution regarding the protection of the environment and animals, by prioritizing the issue of the environment and attributing to the public power the task of protecting the fauna and flora, prohibiting practices that subject animals to cruelty. From this perspective, Bill 27/2018 classifies only the domestic animal as a sentient being and a depersonalized subject of law, as well as, in PL 1095/2019, which increases the penalty for those who mistreat dogs and cats, excluding the others. animal species of human protection and compassion in society. On the one hand, there is a certain legal uncertainty brought about by the conflicting interests of Bill 27/2018, on the other hand, it seeks to meet the popular appeal of Brazilians for greater animal protection with anthropocentrism and its derivation from the concept of sentience. Thus, it is understood that, although there is a positive inclination towards the creation of protective laws, there is a delay in our legal system, which seeks to be filled by innovative jurisprudence and bills, such as Bill 27/2018, which has potential to change the way animals are treated, without restriction between species.