Os direitos dos animais e sua tutela jurídica

Abstract

This study treated, essentially, of the rights of the animals and of the existent mechanisms in the Brazilian Law for their protection, being used of bibliographical research, with consultation to the doctrine and jurisprudence, through the logical- systematic method. The subject, for being extremely controversial, still one don't find pacified in the doctrine or in the tribunals and, in that way, the study needed an multidiscipline approach, demonstrating, therefore, also its importance. In the first chapter it was treated of the existence of rights of the animals, as well as of their nature, pointing the need to ally such subjects to the study of Bioethic and of Biolaw. In the second chapter the Public Civil Action and the Popular Action were approached, as main legal mechanisms for collective lato sensu defense of the animals, pointing their procedural particularities. The study proceeded, in the third chapter, of cruel practices against the animals and the confrontation of those with the Federal Constitution. Finally, the importance of the environmental education was analyzed as middle of preventing the lesions to the environment and the animals that are part of it, in search of a process of ecological understanding. It is ended, of this done, that the animals, as alive beings, find protection, in the Brazilian Law, in Constitutional and infra-constitutional level, that allow to draw a legal panorama of that protection and of the limits of the human performance on them