A capacidade processual dos animais nas ações de alimentos

Abstract

The present work proposes the recognition of animals as beings with their own dignity and rights, promoting the end of the “objectification” of animals, provided in our legal system. Furthermore, in a context in which each day more families have pets in their composition, giving rise to the multispecies family, there is too much legal uncertainty at the time of separation of the tutors/guardians of the animals, and, since the Federal Constitution prohibits the mistreatment of animals, it is essential to create legal provisions that regulate the way the custody of these animals can be exercised, as well how the financial aid will be provided to them, under penalty of suffering deprivation related to food and health. In that regard, the study defends the procedural capacity of animals in actions in which food is requested and intends to contribute to the visibility of the animal cause, so that proceduralists are aware of the growing number of demands in the Judiciary in which the defense of rights is pleaded of these non-human beings, so they can ensure access to justice for animals.