Pathways to paradigmatic change in relation to animal law and fight against mistreatment

Abstract

The research addresses the issue of Animal Law with a focus on developing protection measures against abuse and mistreatment. The theme has evoked debates around the world, and has been gaining greater visibility, attention and interest with the repercussion of reports of abuse and mistreatment practices. Following the methodology of bibliographic research, the issue is approached in three aspects: first, a presentation at a historical and theoretical level, where the predominance of the anthropocentric conception and the contemporary criticisms that are aimed at it are emphasized. It is observed that the notion of “sentience” has been the pivot for a change in the paradigm that concerns the animal cause. Then, the protection laws in force in Brazil are considered, as well as the justifications for the last amendment proposal, at the end of 2019, and the registration of the previous ones. Finally, the following questions arise: would the penalties imposed for ill-treatment at the national level be adequate and sufficient? Comparatively, in relation to the legislation of other countries, what is the status of the specific legal apparatus? It concludes by stating that, although the intensification of punitive measures play a special role in resolving cases of abuse, a significant change will only occur through updating the technical-legal aspect in line with the ethical-philosophical axis.

Keywords: Animal Rights. Mistreatment. Legislation.