DIREITOS DOS ANIMAIS, AVANÇOS E PERSPECTIVAS? PROPOSTA DE ALTERAÇÃO DO CÓDIGO CIVIL E A AFETIVIDADE COM OS PETS.

This paper discusses advances related to theoretical animal rights in relation to affection with humans, through decisions of Brazilian Courts, the Superior Court of Justice and doctrine. It presents the perspectives of this relationship contained in the project to reform and update the Civil Code and, based on the new ethics, the principle of responsibility of Hans Jonas, investigated whether this position in which pets were erected, object of human affection, really characterizes an advance in their rights. To answer the aforementioned proposition, the study uses the deductive method, which corresponds to the discursive extraction of knowledge from general premises applicable to concrete situations, and from bibliographical and jurisprudential research. The objective is to demonstrate that in the litigation of alleged animal rights, the interests of humans are hidden, that they are removed from their habitats and their substance to meet the emotional needs of their owners, so, from this perspective, one cannot speak of progress in animal rights.

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Publication Details

Journal
RELACult - Revista Latino-Americana de Estudos em Cultura e Sociedade
Published
2025-04-13
DOI
https://doi.org/10.23899/gh8q7f48
Primary Topic
Brazilian Legal Issues
Type
article
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article

DIREITOS DOS ANIMAIS, AVANÇOS E PERSPECTIVAS? PROPOSTA DE ALTERAÇÃO DO CÓDIGO CIVIL E A AFETIVIDADE COM OS PETS.

Daniela Braga Paiano, Keiti Caperuci
RELACult - Revista Latino-Americana de Estudos em Cultura e Sociedade
Brazilian Legal Issues
article

DIREITOS DOS ANIMAIS, AVANÇOS E PERSPECTIVAS? PROPOSTA DE ALTERAÇÃO DO CÓDIGO CIVIL E A AFETIVIDADE COM OS PETS.

Daniela Braga Paiano, Keiti Caperuci
article en

Abstract

This paper discusses advances related to theoretical animal rights in relation to affection with humans, through decisions of Brazilian Courts, the Superior Court of Justice and doctrine. It presents the perspectives of this relationship contained in the project to reform and update the Civil Code and, based on the new ethics, the principle of responsibility of Hans Jonas, investigated whether this position in which pets were erected, object of human affection, really characterizes an advance in their rights. To answer the aforementioned proposition, the study uses the deductive method, which corresponds to the discursive extraction of knowledge from general premises applicable to concrete situations, and from bibliographical and jurisprudential research. The objective is to demonstrate that in the litigation of alleged animal rights, the interests of humans are hidden, that they are removed from their habitats and their substance to meet the emotional needs of their owners, so, from this perspective, one cannot speak of progress in animal rights.

RELACult - Revista Latino-Americana de Estudos em Cultura e SociedadeVol. 11
Universidade Estadual de Londrina (BR)
Openalex Percentile: Top 78%
Brazilian Legal Issues
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