PETS AS SUBJECTS OF LAW: PROCEDURAL CAPACITY, LEGAL RECOGNITION AND LEGISLATIVE PROPOSALS

Abstract

This article aims to analyze the legal possibility of recognizing the procedural capacity of companion animals in the Brazilian legal system. The research begins by investigating the legal nature of animals and recent legislative changes that stem from scientific studies that recognize them as sentient beings, distancing themselves from the traditional patrimonialist conception that classified them as movable property. Next, the technical concept of procedural capacity is examined in light of Civil Procedural Law and the possibilities of its application to animals as legal subjects with their own interests to be defended in court through legal representation. Next, it analyzes case law and highlights decisions that recognize, albeit implicitly, the legitimacy of animals in legal proceedings, while the doctrinal review reveals a tension between conservative currents and progressive propositions. Finally, the treatment given to the matter in foreign legal systems and the normative alternatives under debate in Brazil are discussed, such as Bill No. 145/2021. It is concluded that the recognition of the procedural capacity of companion animals is legally possible, compatible with the constitutional principles of animal dignity and effective judicial protection, and constitutes a necessary step towards the realization of their rights.