Repercussão jurídica do Projeto de Lei 27/2018: animais como sujeitos de direito

Abstract

Legally and traditionally, animals are defined as objects of law, however there is a current tendency to consider them subject to law, and can be represented in public civil actions by the Public Ministry. Supplementary Law Project No. 27/2018 foresees a change in the classification of animals from things to subjects with rights, with access to jurisdictional protection, and can no longer be classified as inanimate beings. In the future, with the approval of the referred PL, consequences may arise in the scope of criminal and civil law. Thus, the question arises about the changes in the legal world that will result from the approval of the referred project. The general objective of this study is to analyze the direct legal repercussions from the approval of PL 27/18 in the criminal and civil spheres. Therefore, the specific objectives are the analysis of the Brazilian legal scenario regarding animal law, as well as a comparison between Brazilian and Portuguese legislation in this context. The methodology makes use of bibliographic review and analysis of documents. The change in the legal nature of such living beings may come up against principles and maxims of Brazilian law, with new tools being applied to ensure that Brazilian legislation is applied safely, while ensuring animals of legal status that are used with their sensitive nature.