Animais de companhia como sujeito constitucional: a integração dos animais à noção de sujeito constitucional brasileiro e as consequências dessa nova concepção

Abstract

From a constitutional perspective and beyond what is established in article 225, Paragraph one, Section seven of the Brazilian Constitution on animal rights, we took care to seek to outline in a dialectical way, based on reading the book: The Identity of the Constitutional Subject, written by Michel Rosenfeld the position of companion animals in the Brazilian legal system in order to investigate whether these animals can, in light of the 1988 Federal Constitution, be considered Constitutional Subjects. To this end, this article was divided into three chapters. In the first, we deal with the Brazilian legislative historical context, then, we deal with animal identity as a constitutional subject and in the third, we deal with the consequences of this new conception. Thus, from the research carried out based on doctrine, census data, Brazilian jurisprudence and the law, we found that the recognition of animals as an integral part of the social reality we experience is increasing and that the Law helps the need to update legislation current information on the topic.