The Legal Nature of Animals in Brazilian Law

What is Expected of the Brazilian Legal System in the Coming Years

Abstract

This paper seeks to contribute to the discussion of the legal nature of non-human animals. From the outset, the relationship of humans with animals is analyzed from a historic point of view, especially with regard to the segregation of both living beings for the purpose of constructing our western society. The level of sentience consciousness detected in animals leads to the conclusion that these beings are not properly treated by current Brazilian legislation. However, the evolution and expansion of fundamental rights shows a tendency of considering animals as not mere objects but as subjects of rights and entitled to protection due to their mere existence. This tendency can be observed in legal precedents, notably those regarding Family Law. This article concludes that progression in this matter is necessary and, hopefully, this ongoing discussion will motivate recognizing animals for their inherent worth.