Novas formas jurídicas de existência : os animais não humanos como sujeitos no direito brasileiro

Abstract

The characteristics that bond human animals to non-humans seem to establish collective unconscious in affective contexts, although they are not reflected in the legal scope in terms of protection and intrinsic guarantees. In the observation of history, it is noted that, even within the struggle for the recognition of human rights, certain groups were alternately excluded from a dome of merits, given the absence of racial, physical and moral attributes considered ideal and dignifying of a person. From the attestability of the volatility of social morality, it is also noted that what is consequently understood by person (in social, political and legal contexts) is also subject to the arbitrariness of a collective ethics, that changes according to the context and time in which it takes place. The problem presented by the present research lies in the dichotomy occupied by the non-human animal in the national legal system, sometimes seen as a mere object to the civilist lens, and at other times seen as a potential subject of law by the Federal Constitution. The objective is to answer whether nonhuman animals can be understood as persons to the law, over the light of sentience and the exaltation of inherent characteristics that have never escaped the scope of humanity. At first, an analysis will be made of an institutional violence that is repeatedly strengthened by the force of tradition, enabling morality as an important variant in the recognition of people and rights. Afterwards, the theories of justice relevant to the fight against a legal speciesism will be analyzed. Finally, the possible limitations to the fundamental rights of human beings will be guided, based on the recognition of non-human interests, adopting as context the jurisprudence of the Federal Supreme Court (STF). The method of approach will be the deductive-hypothetical, and the techniques of bibliographic and documentary research will be used.