Abstract
The article seeks to reflect on the animal theme. Not only a brief perspective of legal historical evolution, but, in particular, about the legal regime emerging from the 2017 reform of the Portuguese Civil Code. In our opinion, the reform was timid, confusing and disappointing. In large part, the applicable regime turns out to be, in large part, the regime of things, applicable on a subsidiary basis. Furthermore, with regard to the right to property, it no longer applies only to things, admitting ownership of animals. However, respect for animal welfare, namely the guarantee of access to water and food, as well as the guarantee of access to medical and veterinary care, including prophylactic, identification and vaccination measures, coexist poorly with the property itself. On the other hand, with regard to the occupation, perplexities remain. Especially with regard to the content of articles 1318 and 1323 CC. And, of course, with regard to the implications arising from the legal nature of the animal. In fact, it matters to know if we are dealing with a thing, an object, a tertium genus or a subject of rights. On the other hand, apart from the options of the Portuguese legislator, we analyze, very briefly, recent theories, whose common denominator is a clear defense and affirmation of animal rights.
Highlights
The article seeks to reflect on the animal theme
Jose Luis Bonifácio Ramos: The Animal Issue Revisited: Tertium Genus or Subject according to the Roman Digest, the animal was the equivalent of a moveable thing 4, with only the need to identify as regards wild animals whether they were res nullius or the property of the owner of the soil, lake or lagoon hosting whatever the hunting or fishing activities5 [3, 49]
In approaching the belated, confused and incipient 2017 Civil Code (CC) reform, we would note its proclamation that animals are living beings, endowed with sensitivity and the object of legal protection by virtue of their inherent nature
Summary
After having already advanced with one set of reflections on the problems underlying the animal theme, regarding their ownership and respective juridical nature, within the scope of the 2011 publication of the Studies Dedicated to Professor Luís Carvalho Fernandes, there is every justification for returning to this subject. Not especially in keeping with how there is a political party with a markedly pro-animal focus or because the media dedicate so much more space to the animal cause, this rather arises from the highly significant increase in the number of ethical, philosophical and juridical considerations posited over the course of this period. Following a restrictive, atavistic and prolonged inertia, the Portuguese parliament approved a juridical statute for animals in 2017 1 which drove
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