O sincretismo normativo e o diálogo jurisprudencial para a proteção dos animais não humanos : uma busca por justiça

Abstract

The dissertation aims to analyze the capacity of the brazilian constitutional order to favor the establishment of a legal regime of protection of nonhuman animals through a normative syncretism of experience and jurisprudential communication with our legal system and the legal orders, whereas despite the Brazilian Constitution, in particular Article 225, paragraph 1, VII, sufficiently enable the protection of non-human life, often exegetes do not allow your text has very effectively. Therefore, at first, we seek to contextualize the extent of environmental problems conveyed by modern society, which has a complex and global risks, threatening not only the man himself, nonhuman animals are in vulnerable condition, in the sense wide of the word. From this, it is about the need to redefine the ethical and moral values, so that new standards of justice are carried out, covering non-human life forms. Second, it discusses about how the ecological ethics can protect nonhuman animal, draw their moral condition. On this occasion also addressed the principle of dignity, exposing justifications, arguments and criteria for this range beyond human life. It also presented the possibility of extension of consumerist concept of vulnerability or hipervulnerability, as is already happening under case law with consideration of the first concept for environmental protection, in view of the interest of future generations. Finally, we present the constitutional protection afforded to non-human animals, which should be enhanced by the consideration of a principle of ecological equity in its three aspects (intragenerational, intergenerational and interspecies). Similarly, there is the possibility of a moral opening the Constitution foster dialogue with other constitutional orders and cases of protection of non-human animals in Brazilian and foreign jurisprudence is found, aiming an effective protection of non-human animals. Launches the proposal of a constitutional opening process to be accomplished by the use of appropriate benchmark for the development of a legal form addressed to all those who should be worthy of higher levels of protection, thereby achieving, non-human animals.