Direito dos animais: análise do tratamento jurídico dado aos animais no atual estado da arte

Abstract

Although there is no specific code of animal defense in Brazil, there are several indications of legislative efforts in an attempt to protect them. However in the same measure that the Federal Constitution of 1988 made the defense of fauna and the environment in general fundamental, shortly after the then new Civil Code of 2002 already downgraded animals to a category of less value than man, strengthening and reiterating an anthropocentric posture. Since then it is immeasurable the number of operators of Law who dedicate themselves to formulate normative innovations for the animal cause, such as Law 9.605/98, the Bill 2070/2023. Nevertheless this struggle for a right less guided by Speciesism ends up bumping into the omission of the government and the condescension of part of the population that interprets animals in a utilitarian way. The work aims to demonstrate how arduous and complex is the struggle for the right of non-human individuals in the country, and what is the current state of the art of this. Where on one side we have the clamor of part of the population, NGOs, party alliances that see the sentience of animals as a determining factor for them to be subjects of law or depersonalized entities. On the other side there is a country excessively benefited by livestock and that has a robust agribusiness bench in the National Congress and Federal Senate. The methodology used was bibliographical research, with a theoretical, normative, and jurisprudential approach.