O direito dos animais e a sua tutela jurídica deficiente: uma análise da violação ao direito constitucional em face da acepção normativa dos animais

Abstract

The present study seeks to analyze the daily violations of legislation concerning to animal rights. For the construction of this conclusion, the research starts, in a first moment, of a chronological timeline of the evolution in the treatment of animals, under the yoke of human beings, which keeps them in a situation of vulnerability, in the face of their historical understanding as things, even if already consecrated by the Brazilian Civil Code to its characteristic of movable goods. THE light of the repeated cases of animal abuse in Brazil, analyzes the the need for a special legal regime to guarantee animals more rights or the full application of existing ones, in addition to an effective protection of dignity and integrity, both physical and psychological, through their characterization as disembodied or depersonalized entities. Furthermore, it investigates cases of mistreatment reported by the Brazilian media, against animals domestic, wild, wild and exotic, in parallel with the position jurisprudence adopted in these scenarios of cruelty practiced by man. Per Finally, it proposes a reflection on the objectification of animals, their social function, the limits of a domain over their bodies by the industry, for the entertainment and its pursuit of profits, the lack of adequate legal protection, with the need to stiffen penalties for crimes against animals, and of projects aimed at raising society's awareness of the importance of fauna for the environment