PROTEÇÃO JURÍDICA DOS ANIMAIS NO BRASIL: análise legislativa e jurisprudencial

Abstract

The legal protection of animals has been a hotly debated topic in the field of drafting Brazilian laws. This work aims to critically analyze the guarantee of protection for animals, observing its main legal provisions, as well as jurisprudence, for the punishment and accountability of society and the State. Specifically, we seek to discuss the history of the construction of animal rights; describe environmental legislation and the main provisions related to the rights of animal protection, by society and the state; analyze the viability of the law in terms of guaranteeing animal rights. To this end, a bibliographical research was carried out, developed based on existing legislation, jurisprudence, doctrines and research already published on the aforementioned topic. In an introductory manner, an initial concept about Brazilian animal law will be addressed. In the second section and its subtopics, the theme will talk about the issue of the animal no longer being seen as a thing and the personification of animals in the legal context. Next, the research proposes a passage in the trajectory of animal law in the legislative, doctrinal and jurisprudential scope, pointing out that human beings naturally have interdependent relationships with non-humans. The research continues with the challenges for the real applicability of animal law and the challenges for this achievement. The article addresses the panorama of animal law in Brazil, highlighting legislative advances and challenges faced. Discusses the legal protection of animals, analyzing relevant regulations and cases. Furthermore, it explores public awareness about the cause and the need to improve laws to ensure animal welfare in the country. Historically, this relationship has always been the domain of humans towards other animals, which led them to commit bad -treatments and punishments. However, throughout history, the need to adapt the relationship to the obligation to preserve the balance of the environment also emerged, which generated the need for specific legislation. The legislation supports its importance in curbing animal abuse crimes, although some authors discuss the need to deepen its guarantees and this is precisely what the research focuses on.