ANIMAIS NÃO-HUMANOS

SUJEITOS DETENTORES DE DIREITOS DESPERSONIFICADOS OU COISAS SEMOVENTES?

Abstract

This paper aims to analyze the positioning of the Brazilian legal system respecting to non-human animals, more specifically regarding the classification given by the Civil Code to these beings, in which has considered them as "semoventes" (things that move by themselves). Giving them the sole purpose of serving human, and for that reason not guaranteeing any fundamental right, protection or expectation of at least one distinct life. The key point is – Do these animals have any rights and, if so, how should they be adapted to the Brazilian legal system? To this end, this research addressed to evaluate historical fundamentals and current theoretical perspectives dealing with the positioning of being human in relation to other beings and the environment. It will be demonstrated how the Brazilian legal system has positioned itself in reference to non-human protection, and how the Civil Norm in other foreign States has influenced paths taken by Brazil in an attempt to modify "descoisificação" animal (concepts changes). As a methodology adopted the theoretical approach through researches to bibliographic materials, law’s doctrines and normative, taking into account the diverse doctrinal opinions, which served as the basis for a solid foundation and argumentation. Data and elements indicating the presence of animal rights were collected from national legal system and in comparative law. The proposed investigations have led to concluding very little progress has made to change in Civil Code in Brazil until now. Although proposals is been processed in, legislative houses, for years and are still deficient and ineffective. To change the reality presented, legal rules have been suggested defining non-human animals as legal subjects, giving them a juridical nature.