Revista de Biodireito e Direito dos Animais (Dec 2016)

The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

  • Mery Chalfun

DOI
https://doi.org/10.26668/indexlawjournals/2525-9695/2016.v2i2.1362
Journal volume & issue
Vol. 2, no. 2
pp. 56 – 77

Abstract

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The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

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