Abstract

Based on the alterations of new scientific paradigms that sustain the demand for a relationship between humans and non-human animals founded on bioethics, this paper seeks to highlight the urgency in the creation of a new legal status for animals in Brazil, and the need of relocating Animal Law as an autonomous academic discipline.

Highlights

  • Scientific revolutions bring, as a natural result, the adoption of new paradigms, which tend to influence different fields of knowledge

  • In Brazil, a relevant change of paradigm happened in the year 2000, in the field of Animal Rights

  • The change showed a long road to be traveled by Animal Law, which to this day does not constitute an independent branch of Law, being treated indirectly through Environmental Law

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Summary

Introduction

Scientific revolutions bring, as a natural result, the adoption of new paradigms, which tend to influence different fields of knowledge. In Brazil, a relevant change of paradigm happened in the year 2000, in the field of Animal Rights. The respective rules, laws and principles regulated animal protection and sought to guarantee its physical and moral integrity, as well as its dignity as a non-human animal. In the present text, based on the examination of the dynamics that lead to the emergence of new paradigms in certain moments of History, the objective is to identify the elements that demand change in the relationship pattern between humans and non-human beings, and to show that these changes need to encourage the discussions about laws regarding animal protection to be done within a broader dimension, based on bioethics and sustained by principles of autonomy and otherness. As a result of this study, the authors hope to express the urgent need in structuring a theory of animal rights and the importance of having Animal Law designed as an autonomous discipline

The why and how of scientific revolution
Prelude for an animal rights theory
The slow and difficult path of Environmental Law and Animal Law
The trajectory of animal rights theory
Fundamental rights of animals and its legislation
Animal Law as an autonomous discipline
An invitation to reflection
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