A TUTELA JURÍDICA DO INTERESSE ANIMAL: UMA ANÁLISE ACERCA DA CONDIÇÃO DOS ANIMAIS NÃO HUMANOS COMO SUJEITOS DE DIREITO À LUZ DO PRINCÍPIO DA SENCIÊNCIA E DO ORDENAMENTO JURÍDICO PÁTRIO

Abstract

This article aims to analyse, in the light of the principle of sentience and the national legal system, the condition of non-human animals as subjects of law. As for the specific objectives, it is intended to analyze the historical and philosophical factors that contributed to a growing protection of animals, as well as to investigate the possibility of a new legal treatment of animals, in accordance with the provisions of the Federal Constitution and the norms of Brazilian and foreign law. In addition, it is intended to analyze doctrinal theses, judicial understandings and recent bills that deal with the subject. It is recognized that such instruments resulted in a paradigm shift and have proven to be important for the achievement of animal dignity. The applied methodology consists of a bibliographic review of the literature, with the exploration of books, scientific articles, legislative notebooks and legal repositories. In the end, we conclude that the Brazilian legal system is moving towards an evolution in the protection of animals, attributing to them, more and more, elements that characterize them as subjects of law. Thus, part of the doctrine adheres to the theory of depersonalized beings, which places animals as sui generis beings, and therefore able to have their rights guaranteed in court, a similar thesis adopted by the Brazilian judiciary and legislature. However, the need to strengthen animal protection institutes was perceived, especially within the scope of Brazilian laws and jurisprudence, which are still very silent in relation to the legal protection of animal interests.