Proteção constitucional aos animais sencientes: instabilidades da proteção jurídica contra a crueldade e os maus-tratos

Abstract

This article aims to analyze the consequences of the constitutional protection of sentient non-human animals based on the most relevant judgments of the Federal Supreme Court and recent legislative proposals related to the subject. With the evolution of global awareness and environmental law itself, the anthropocentric view has been opposed in favor of greater protection of non-human animals. However, this evolutionary path has proved to be institutionally very bumpy, especially when it is contrary to economic interests, such as those involved in agriculture and cultural events that are economically exploited. Based on the critical parameters of Édis Milaré's environmental doctrine, the qualitative bibliographic research, with an analytical and critical character, analyzes the paradigmatic judgments of the STF on the protection of animals and the recent Law Project Animal Não é Coisa. It is concluded that the Brazilian legislation lacks when it comes to stable advances, given the successive reversals and exceptions produced in the constitutional and legal discipline of animal protection.