ASPECTOS JURÍDICOS E SOCIAIS DA PROTEÇÃO ANIMAL: uma análise da influência dos movimentos sociais na consolidação do direito dos animais

Abstract

This article aims to analyze the acceptance of non-human animals as holders of individual rights in Contemporary Brazilian Law, beginning with a reflection on the nature and legal categories applicable to these living beings within the national legal framework. Thus, we sought to explore historical elements that, rooted in the philosophy of anthropocentrism, reinforced the view of animals as objects rather than subjects of rights. Consequently, a brief investigation of national legislation was conducted to determine how the rise of animal protection occurred within this sphere. The constitutional text, which enshrined the prohibition of violence against animals, highlighted the essential need to seek a legal category that aligns with the full exercise of animal rights. In this sense, after considering the various possibilities systematized by legal doctrine, it was concluded that the solution to de-objectifying animals lies in recognizing that non-human animals, as sentient beings with intrinsic dignity, are fully capable of appearing in legal relations as subjects of rights, as evidenced in the jurisprudence of factual cases at the appellate level, thereby possessing the attributes of legal personality. Overall, the research was conducted based on the collection of bibliographic, legal, and jurisprudential research data, utilizing the deductive method.