A possibilidade da concessão da condição de sujeito de direitos aos animais sencientes

Abstract

This work aims to verify the possibility of granting the condition of subject of rights to sentient animals, taking into consideration the points raised by the animalistic doctrine compared to the current traditionalist view and their respective criticisms and restrictions. For this it was necessary to present some legal concepts, as well as the already legalized dispositions that report the position that these beings occupy today. In the ideological report, in addition to the targeted points of defense of each side, there is also a discussion about the construction of the technical-utilitarian conception implemented in the legal degrees worldwide, of which Brazil was also sold off. For this, a trajectory of the main characters who contributed to this formation is made. Finally, an analysis of some legislation that imputes personality to animals is carried out; later observations are made about decisions of our justice, including the STF, who have somehow recognized a new perspective of treatment to animals that seeks their best interest, and then, traced all this trajectory, point out suggestions.