Os efeitos de uma alteração de paradigma no direito animal

Abstract

This paper addresses the debate surrounding the legal status of animals as property, arguing the possibility of them being accepted as subjects of certain rights. The work is divided into five parts. The first shows the changes in the perception of animals, by mankind, throughout history, from the perspective of philosophy and religion, in order to explain the basis of our exploitation culture. The second one shows the evolution of the laws pertaining to nonhumans, in Brazil and abroad, seeking to expose the inefficiency of animal protection resulted from an anthropocentric view of environmental law, which ensures that protection only when it generates benefits to humans. The third part is for a critical analysis of the treatment, often cruel, to which animals are submitted in the various field of human proceeding. The one before the last intends to discuss about the current animal welfare line of thoughts that are based on the scientific advances about the similarity between humans and animals, providing the basis for the final chapter in which the arguments are presented that support the possibility of the change of its status.