Animais como titulares de interesses juridicamente protegidos: Uma análise à luz da bioética e do biodireito sanitário

The legal protection of animals is a topic of growing relevance to Bioethics, Sanitary Biolaw, Environmental Law, and Animal Law. The 1988 Federal Constitution modified the traditional understanding of the relationship between humans and animals by mandating the protection of fauna and prohibiting practices that subject them to cruelty [1]. This article analyzes the legal status of animals within the Brazilian legal system, emphasizing the distinction between legal protection, the holding of rights, and legal personality. It also examines sentience as the bioethical foundation for animal protection and the possibility of recognizing animals as holders of legally protected interests. The analysis considers the legal doctrine of Hachem and Gussoli, as well as the jurisprudence of the Supreme Federal Court in the Farra do Boi and vaquejada cases. Finally, it addresses the controversy surrounding the export of live cattle through the Port of Santos. The study concludes that the legal protection of animals stems from their condition as sentient beings and the existence of legally relevant interests recognized by the Constitution, regardless of the formal attribution of legal personality.

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Publication Details

Journal
Anais do Encontro Nacional de Pós Graduação
Published
2026-11-04
DOI
https://doi.org/10.66221/fy58na68
Primary Topic
Animal Law and Welfare
Type
article
Field-Weighted Citation Impact
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article

Animais como titulares de interesses juridicamente protegidos: Uma análise à luz da bioética e do biodireito sanitário

Luciano Pereira de Souza, Roberto Lobo, Sandra Regina Tirlone, Monica Varella
Anais do Encontro Nacional de Pós Graduação
Animal Law and Welfare
article

Animais como titulares de interesses juridicamente protegidos: Uma análise à luz da bioética e do biodireito sanitário

Luciano Pereira de Souza, Roberto Lobo, Sandra Regina Tirlone, Monica Varella
article en

Abstract

The legal protection of animals is a topic of growing relevance to Bioethics, Sanitary Biolaw, Environmental Law, and Animal Law. The 1988 Federal Constitution modified the traditional understanding of the relationship between humans and animals by mandating the protection of fauna and prohibiting practices that subject them to cruelty [1]. This article analyzes the legal status of animals within the Brazilian legal system, emphasizing the distinction between legal protection, the holding of rights, and legal personality. It also examines sentience as the bioethical foundation for animal protection and the possibility of recognizing animals as holders of legally protected interests. The analysis considers the legal doctrine of Hachem and Gussoli, as well as the jurisprudence of the Supreme Federal Court in the Farra do Boi and vaquejada cases. Finally, it addresses the controversy surrounding the export of live cattle through the Port of Santos. The study concludes that the legal protection of animals stems from their condition as sentient beings and the existence of legally relevant interests recognized by the Constitution, regardless of the formal attribution of legal personality.

Anais do Encontro Nacional de Pós GraduaçãoVol. 10(1)
Universidade Santa Cecília (BR)
Openalex Percentile: Top 5%
Animal Law and Welfare
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