A caracterização Sui Generis do animal de estimação à luz da proteção oferecida pelo direito internacional

Abstract

The present dissertation aims to analyze the concept of Animal Law and its dependency relationship with International Law, specifically regarding the evolution and formation of a new concept that encompasses the affective feeling created in relation to pets for the contemporary society. Initially, the problem is how to establish a category for pets within a legal system in face of the very principles and customs established by international societies. The hypothesis establishes that the creation of a sui generis category encompasses new concepts of the pet to family law with the maintenance of possessory elements. In this sense, the dissertation has as its first objective to approach the main historical passages in the international scope regarding the embryonic propagation of the Animal Law, in such a way to create a cohesive line of reasoning until the current reflexes. Faced with the growing wave of reanalysis of the animal guardianship, the second objective approaches the theme at an international level, since several countries around the world have dealt with the subject from different perspectives, seeking the best alternative that fits their customs and public opinion. The existence of a Universal Declaration of Animal Rights by the UNESCO Assembly makes the object of analysis relevant for sedimenting a solid base that deepens internal legislations aimed at animal protection. However, due to the generic characteristic of the document and the different ways that these animals relate to society (in nature, through domestication, or through affective ties), specific categories are created within Animal Law, whose forms of protection differ and, consequently, generate an effective conflict in how a State's regulation should be approached. In this problematic, the pet animal proves to be the most affected by the lack of legal recognition and regulation, even if the creation of the multi-species family concept is to be adopted, in face of the rapid rise in value of this category for the global society as a whole. Finally, the third objective establishes an international impact with the progressive demand for a response by the society that makes up each nation, which generates a global search for legislation that aims to equalize the new humananimal bonds with the public policies and forms of regulation of the States. As methodology, for the analysis of the present problematic, we found international treaties and specific legislations of certain countries, through qualitative data, as well as doctrinaires and scientific articles that seek concepts for animal law.