Brazilian Animal Law Journal

DIREITO PARLAMENTAR, QUESTÃO ELEITORAL E A RELAÇÃO CIÊNCIA/LEI: BÚSSOLAS NA INSTITUIÇÃO DE POLÍTICAS E LEGISLAÇÃO ANIMAIS

Rhuan Filipe Montenegro dos Reis — 2024-05-04

The examination of laws, in most cases, tends to assess the ultimate result of legislative production. Inquiries about how the procedures chosen in the houses, the promises made, the rhetorical quality, and the ability of parliamentarians to form coalitions contribute to a given diploma are not so common. Faced with this scenario, this study aims to coordinate efforts to understand the parliamentary production of diplomas on fauna, based on the following issues: (i) how do electoral and legislative cultures contribute to the production of reasons in animal politics and legislation? (ii) to what extent do the sciences dedicated to fauna approach legislative material? The debates on how the interaction between electoral and parliamentary dynamics impacts laws on animal protection and how both incorporate studies dedicated to this theme are structured in a first moment. Following that, the main reasons in sectorial legislations are analyzed. For each stage of this reflection, a specific methodological approach was defined. In the first stage, the method of narrative literature review was adopted, seeking to understand these branches of law based on the material factors that underlie them; in the second, a documentary analysis of legislations and their drafts was carried out, an empirical review of some legislative debates to enhance the previously seen discussions.

Theory of Animal Legal Capacities

VICENTE DE PAULA ATAIDE JUNIOR — 2024-05-16

The essay proposes a dogmatic theory to discriminate the rights of non-human animals, according to their legal capacities attributed by the Brazilian legal system. Assuming that, under Brazilian law, animals are subjects of rights without legal personality, animals are classified into three levels, based on the rights that the members of each of them have, using, as a distribution criterion, the normative attribution of the right to life. Thus, analyzing national normative and jurisprudential sources, it presents the characteristics of the levels of full legal capacity, full reducible legal capacity and reduced legal capacity, pointing out the groups of animals that belong to each level. Next, it analyzes themes arising from the levels of animal legal capacity: capacity in fact of animals, their legal representation, the nature of animal rights, freedom as an animal right, animals and the right to civil reparation and the consequent formation of its own animal heritage, ending up resolving the controversy about animals as subjects of duties. The theory of animal legal capacities, although dogmatic, nevertheless envisages more emancipatory possibilities for animals in the future. The conclusion is that the systematization of animal rights is essential to guarantee more complete and coherent judicial decisions, in order to rationally favor the judicialization of Animal Law, as a way of including these living beings in a broader moral community.

ANIMALS: FROM THE PORTUGUESE CIVIL CODE, TO THE REVISION OF THE BRAZILIAN CIVIL CODE

José Luís Bonifácio Ramos — 2024-05-01

The article seeks to reflect on animal themes. On the one hand, about the civil legal status emerging from the reform of the Portuguese Civil Code and the resulting implications, in terms of a legal nature or dogmatic qualification. On the oher hand, about the review process of the Brazilian Civil Code, as well as the most appropriate strategies, with the aim of disconnecting the animal from material stuff, in addition, safeguarding the right of animals.