THE JURISDICTIONAL PROTECTION OF DOMESTIC AND DOMESTICATED ANIMALS AS A THIRD CATEGORY SENSCIENCE: NEITHER HUMAN NOR THING

Abstract

The legal protection of animals has evolved as society recognizes their condition as sentient beings, granting them specific rights. This article addresses this topic, focusing on the omission of the Brazilian federal government in regulating animal rights, which has led the Judiciary to assume a prominent role by establishing precedents to ensure their protection. There is a need to discuss the existing legislation, highlighting normative gaps and the importance of consolidating the legal protection of animals, overcoming the traditional view that they are mere movable objects. The research was developed through a bibliographical review, based on scholars such as Peter Singer and Frank R. Ascione, as well as legislative, jurisprudential, and international standards. In conclusion, it is asserted that national legislation needs improvement to ensure more specific protection for pets, and there is a need for social awareness and the implementation of public policies that promote animal welfare.