PRINCIPLE OF ANIMAL DIGNITY AND THE FUNDAMENTAL DUTY OF PROTECTION

Abstract

Since the first civilizations, animals have been present in the daily lives of society as instruments for satisfying human desires in diverse areas, such as food, transportation, commerce, entertainment, sports, cultural manifestations, scientific research, religious cults, among others. The national legal system has increasingly provided for certain rights relating to the use of animals, as well as rights to the well-being of these living beings. However, there is still a lack of legislation that addresses the effective protection of animals. In the meantime, this article aims to discuss animal dignity and its protection within the Brazilian legal framework. The methodology used in this work is based on the collection of data extracted from bibliographical, legal and jurisprudential research, using the deductive method. A historical comparison between the treatment of animals before and after the creation of new laws and decrees for protection and institutes penalizing mistreatment will be discussed. An analysis of animal protection and dignity will be carried out with a philosophical and ethical bias. It was concluded that, given the recognition of non-human animals as legal subjectivity, there is a need to investigate or create, in Brazilian legislation, the legal category that fits the definition of these beings.