O direito e os animais não-humanos: o status jurídico como sujeitos de direitos no ordenamento jurídico brasileiro

Abstract

This article aims to analyze the current position of non-human animals within the National Legal Order regarding the possibility of them being included in a new legal condition as Subjects of Rights, breaking with the civilist panorama that classifies the animals as things. In this way, we seek to clarify whether it is possible to confer the condition of subjects of rights to non-human animals. In the elaboration of the present study, theoretical research will be carried out through the inductive method, through specialized doctrine. The article is divided into three main points, consecutively, the autonomy of Animal Law in relation to Environmental Law, speciesism and anthropocentric and biocentric/ecocentric thoughts, and finally, what represents the legal personality to non-human animals. Thus, we will defend that sentient animals should be holders of rights and duties.