A TUTELA DO ANIMAL DE ESTIMAÇÃO NO ORDENAMENTO JURÍDICO BRASILEIRO: De coisa a sujeito de direitos

Abstract

This study seeks to expose the rights of pets from a perspective of analysis of the Brazilian legal system, pointing out the gap currently existing between legislation in favor of animal rights and the demands and social concerns for this protection. This is because, despite the fact that animals are inserted in homes, often being recognized as members of the family, civil law still sees them wrongly as things and environmental laws start from a perspective of protection aimed at man and not animals, how it should be. Thus, the present research has as general objective: to highlight the relevance of having an efficient legal protection for the rights of animals, from the analysis of the current Brazilian legislation and the understanding of the Federal Supreme Court on the subject. For this purpose, it used bibliographical research of an exploratory nature, as it was the one that best meets the objectives and problems that were outlined, so that, in the end, it made use of a qualitative analysis of the judgments of the Federal Supreme Court. As a result, it was found that there is a clear gap in the legislation that deals with animal rights, which are silent or anachronistic. On the other hand, there are currently lawsuits involving these rights, imposing that the Superior Court take a stand. As a rule, the demands have privileged the life and well-being of animals, but this is still done more under an environmentalist perspective, taking advantage of the constitutional protection of the environment, rather than the recognition of the animal as a sentient being that it It's.