A DISCREPÂNCIA ÉTICA DO STATUS JURÍDICO DOS ANIMAIS NÃO-HUMANOS

Abstract

The present work aims to study the ethical discrepancy in the moral and legal treatment of animals. It sought to draw a parallel between the traditional anthropocentric ethical conception and a contemporary ethical conception that removes humanity from the center of the moral circle. The study employs the deductive approach method, the monographic procedure, and the technique of bibliographic, documentary, and jurisprudential research. Initially, it presents the historical evolution of Western thought regarding animals, from the perspective of theremost influential thinkers in religion, science, and philosophy throughout history, since such stances propelled the instrumental use of animals for the purpose of humanity's most varied undertakings. Finally, it discusses the applicability of fundamental rights to non-human animals through the analysis of the factors that justify the fundamentality of such rights for the human animal species. In conclusion, it was possible to observe that sentio-centric philosophers have indicated ways to change this scenario for animals, but not necessarily through legal intermediation, and that there is also an even greater imperative to be achieved: that of justice.