MEASURES, PERSPECTIVES AND LIMITATIONS ON ANIMAL LAW: LEGAL-PHILOSOPHICAL ANALYSIS OF ANIMAL CAPACITY

Abstract

This article demonstrates the relevance of the debate on animal rights created for the protection of animals. The cultural and philosophical debate about Animal Law has a direct relationship with anthropocentric thinking and movements that aim to deconstruct this ideal, such as utilitarianism and post-humanism that set the ethical and cultural view of the human being's relationship with animals. This study explains questions about the laws on the rights created for the protection of animals, such as the Federal Constitution of 1988 and those established by Decree 34.645/1934, which in 2016 allowed the debate of extreme relevance in the Supreme Court with ADIn No. 4,983, which considered unconstitutional the practice of vaquejada, and later in the throwback to animal law introduced by the Constitutional Amendment No. 96 that no longer considers practices cultural to be cruel, but also on the advances promoted by state legislation so as code of law and animal welfare of the State of Paraíba that came to guarantee a series of rights to animals, in the same way that the article presents the existence of these rights, evidences the gap left by the Code of Civil Procedure in ensuring access to justice and the subjective rights of animals, for this problem, bill 145/2021 stands out, which aims to fill the void left by the CPC 2015 regarding the procedural capacity of animals. The method used to compart this article was based on bibliographic, documentary and jurisprudential analysis regarding the recognition of procedural capacity for non-human animals.