Direitos dos animais: uma análise da experimentação animal com fins cosméticos

Abstract

It aims to analyze and understand the rights of animals applied to animal experimentation for cosmetic purposes. To do so, part of the understanding of the legal nature of animals in Brazilian law, drawing the difference between the classification of animals as objects, considered as semoventes, and as subjects of rights, in the category of entities that are dispersed or suis generis. In addition, the legal regime attributed to animals in the experimental question in Brazil is discussed and uses the Comparative Law to reinforce the importance of the Ethics Committees, highlighting the legislation of Portugal, England, Australia, United States of America and the Directives of the European Union. In this sense, it is considered about the National Council for Control of Animal Experimentation, Civil Society Organizations of Public Interests and the Council on Ethics in the Use of Animals and its importance in the defense of the interests of animals. Regarding the legal protection of animal rights in experimentation for cosmetic purposes, we approach the thinking of Richard Ryder, Tom Regan, Peter Singer and Gary L. Francione. As for animal experimentation in particular, its concept, more recurrent tests and alternative methods are analyzed, as well as considerations about the 3 R's (substitution, reduction and refinement) principle. Finally, the principle of beneficence and non-maleficence from the perspective of bioethics is discussed.