Title:	Fundamento(s) para um status jurídico (sui generis) para os animais não humanos
Authors:	Regis, Arthur Henrique de Pontes
Orientador(es)::	Cornelli, Gabriele
Assunto::	Bioética Animais - proteção Ética Direitos dos animais
Issue Date:	27-Jul-2017
Data de defesa::	24-Feb-2017
Citation:	REGIS, Arthur Henrique de Pontes. Fundamento(s) para um status jurídico (sui generis) para os animais não humanos. 2017. 175 f., il. Tese (Doutorado em Bioética) — Universidade de Brasília, Brasília, 2017.
Abstract:	The present research, exploratory and backed by documentary analysis, was aimed to seek in the Brazilian legal system, based on the promulgation of the Federal Constitution of 1988, any elements that could provide a new legal framework for animals. It started from the historical fact that several groups of human beings did not have their rights fully recognized by the Brazilian norms; legislation and bills on animals; and judicial decisions on the subject. It was investigated whether there are elements of connection between human groups that have received special constitutional protection and whether these elements can be extrapolated to support a new legal situation for the animals, analyzing if there are points of intersection of the bioethical debate with the subject under analysis. It was found that the Brazilian legal system is based on the anthropocentric view, but the existence of legislative proposals demonstrates the attraction of the debate for the legal sector and shows chronological evolution in the perspective according to which the animals would be rights holders, justified by the recognition of their sentience. Law, as a social-historical construction, which evolves dynamically, is caused to change the legal status of animals in the current Brazilian normative system, mirrored in the evolution and protection of human groups marginalized over time (due to their vulnerability): children and adolescents, the elderly, women, indigenous people, afro-descendants and people with disabilities. Living beings can also be characterized as vulnerable, considering the possibility of violation of their basic interests of not being harmed and staying alive. In this context, it is proposed that the condition of vulnerability (important bioethical reference) be the guiding line of connection and foundation for a new legal situation for animals, in which they cease to be considered as things or goods and reach a new level of legal development, leading to the development of new legislation aimed at realizing their rights and overcoming the current anthropocentric paradigm, in line with the provisions of Senate Bill no 351/2015 and allowing further legal extensions or development of grounds that result in the expansion of the concept and the Animals Rights.
metadata.dc.description.unidade:	Faculdade de Ciências da Saúde (FS)
Description:	Tese (doutorado) — Universidade de Brasília, Faculdade de Ciências da Saúde, Programa de Pós-Graduação em Bioética, 2017.
metadata.dc.description.ppg:	Programa de Pós-Graduação em Bioética
Appears in Collections:	Teses, dissertações e produtos pós-doutorado

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