Abstract
This essay points to the conscience and sentience of non-human animals as criteria for recognizing their dignity and, consequently, the ownership of fundamental rights, which must be protected in court. Nevertheless, by the precautionary principle, the benefit of the doubt must be granted to those animal species to which Science has not yet been able to elucidate conscience and sentience. Methodologically, an interdisciplinary bibliographic survey was chosen, related to the areas of Law, Philosophy, Veterinary Medicine and Biological Sciences. It is concluded that conscience and sentience are foundations of Animal Law and are implicitly recognized by the brazilian Federal Constitution of 1988.
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