Animais não-humanos como objeto de propriedade e a atividade de pecuária: tensões e perspectivas no ordenamento jurídico brasileiro

Abstract

This paper is situated in the field of Law (Environmental, Civil, Constitucional), Philosophy and Economics and its scope is to study the relation between the interests of livestock activity and the legal protection of non-human animals in Paraíba, with the intention of answering to the following question: how is it possible the dialog between both? Therefore, the study aimed to analyze the interference of these interests in the creation and consolidation of animal protection norms. For this reason, the determining laws of animal protection were scrutinized, such as the Universal Declaration of Animal Rights, the Constitution and the Civil Code, seeking to understand how animals are perceived in the Brazilian legal system. It was also observed relevant ethical and philosophical theories that support the establishment of animal protection norms, to then analyze the main aspects of livestock activity in Brazil and Paraíba. Finally, the intention was to identify how these theories can be applied in that context and what the legal consequences are entailed. The method chosen was the deductive one, since it was decided to start from a general perspective on the subject, through an international normative approach, proceeding to a national normative, to then appreciate the matter from a more specific angle as in the case of Paraiba legislation. This method has enabled the following results to be obtained: despite legislative innovations, still predominates in the legal system the conception of animal as property, as a consequence, the norms that aim to give animals rights or even more incisive protection don’t thrive, especially because of the direct confrontation with the interests of the livestock activity. Moreover, it prevails in the meat production model, as well as in the current norms focused on its regulation, welfare fundamentals, a conception that animals can be protected by creating some natural indicators of quality of life, but without changing ownership status or acquiring rights. Lastly, it was concluded that livestock activity, in its current form, is incompatible with sustainable development, as it promotes economic growth, but is hardly aware of the environmental aspects and the conditions that animals are subjugated.