O reconhecimento da personalidade jurídica dos animais: análise do direito dos animais como autores em processos judiciais à luz do Projeto de Lei 145/21

Abstract

This paper examines the recognition of animals’ legal personality in Brazil in light of Bill 145/21, focusing on the feasibility of their standing as plaintiffs in judicial proceedings, through legislative and jurisprudential analysis. Despite their sentience and affective bonds, animals are still legally treated as movable property, creating a gap between scientific knowledge, judicial decisions, and legal protection. The study also addresses the growing social awareness of animal welfare and the resistance of certain social and legislative sectors to expanding rights, a factor contributing to the slow progress of the bill in the National Congress. Bill 145/21 proposes an intermediate category of legal personality, allowing judicial representation by curators, civil society organizations, or the Public Prosecutor’s Office, ensuring essential rights such as physical integrity, well being, and protection against cruelty, without equating animals to human beings or granting them full legal capacity. Additionally, the proposed Civil Code reform (Bill 4/2025) recognizes animals as sentient beings and establishes their own legal protection, with subsidiary application of the Civil Code until a special law is enacted. Articles 19 and 91-A are highlighted for valuing the affective bonds between humans and animals and emphasizing the need for ethical and appropriate treatment, aligning Brazilian law with established international practices. The research, of a juridical-dogmatic and critical nature, is grounded in the interpretation of current legislation and the examination of recent case law, demonstrating that mitigated legal personality is the most suitable instrument to guarantee existential rights for animals and promote qualified judicial representation. It also emphasizes the importance of integrating public policies, such as shelters, rehabilitation centers, and national registries, to ensure effective legal protection. The study’s academic contribution includes parameters for procedural regulation, harmonization between Civil and Environmental Law, and strengthening the legal protection of animals, providing guidance for future legislative reforms and consolidating a coherent, interspecies justice model aligned with constitutional principles.