A proteção jurídica dos animais no Brasil: evolução normativa e desafios.

Abstract

This article analyzes the evolution of animal legal protection in Brazil, highlighting the transition from a property-based conception to the recognition of animal sentience and dignity. The study emphasizes the importance of the 1988 Federal Constitution as a normative landmark, especially in prohibiting cruel practices in article 225, §1, VII, thereby consolidating the intrinsic value of non-human animals. It examines the Environmental Crimes Law (Law nº 9.605/1998) and the "Sansão Law" (Law nº 14.064/2020), which increased penalties for mistreatment of dogs and cats, as well as the recent incorporation of the non-retrogression principle in animal protection. In addition to the legal analysis, the research addresses philosophical and scientific foundations of sentience, underlining its relevance as an ethical and normative criterion. The conclusion is that animal protection represents not only an emerging field of Law, but also a fundamental dimension of socio-environmental fundamental rights, whose effectiveness requires overcoming normative inconsistencies and preventing setbacks in the protection already achieved.