Direito dos animais: retomada histórica e análise de avanços judiciais em nível nacional e internacional

Abstract

The last decades have witnessed an intensification of the debate involving the possibility of attributing natural or civil rights to animals, as the right to life, physical and mental integrity, and freedom. Despite the visible social impacts of such a discussion, either by the growing vegan and abolitionist movements, or by proposals for legislation restricting the use of living specimens in scientific research, the impact of the attribution of animal rights on the Brazilian system was seldomly analyzed. This work seeks to take a step in filling this void by taking a comparative perspective on the legal treatment given to animals in Brazil and other countries, where this issue already has a longer history of discussion. Before, however, a historical-philosophical review is necessary to situate the reader within the animal issue, in which we will indicate not only the history of interpretation of these beings as moral objects, but also as legal subjects. Afterwards, the legal study of the tendencies of European legislation on animal law begins, which is exemplified by the Constitutions, legislations and popular initiatives within the frameworks of Germany, Switzerland and the European Union. The United States legislation about animals is also examined, including the study of old decrees and current cases. The Brazilian case is considered, with emphasis on contemporary devices, with considerations about differentiated potentialities of the South American scenario, mainly through decoloniality. Finally, it is concluded that, despite legal advances in the recent years, it is not yet possible to claim that animals are legally possessors of rights. That is, there are, in fact, no devices that once and for all, widen and affirm these rights universally, without distinction of species.