Os limites jurisprudenciais do Supremo Tribunal Federal em direito animal e a possibilidade de status jurídico dos animais como sujeitos de direito

Abstract

The theme of the present study is the possibility of assigning legal status to animals as subjects of law. The main objectives outlined were to provide a historical perspective of the norms related to animal law in Brazil, and their evolution, followed by the analysis of relevant international norms on animal protection, so that through this scenario it was possible to explain the main theories involving the theme, its origins, and its practical implications in the country. Subsequently, a detailed explanation of the structure and functioning of the Federal Supreme Court made it possible, at the end, to review the Direct Unconstitutionality Lawsuits No. 1856 / RJ and 4983 / EC, as well as the Extraordinary Appeal 153531 / SC, contained in chapter four. The hypothetical-deductive approach method was used, which allowed a comprehensive analysis of animalistic norms, theories and currents. Thus, the result achieved was the finding that the animal theory in force today in the Brazilian normative devices is that of extended or mitigated anthropocentrism. However, it was also found that this "choice" has already been interpreted by another bias, indicating the possibility of granting legal status to animals as subjects of law, because our Supreme Court has dictated a significant change to the jurisprudential limit of the animal law.