THE INFLUENCE OF FUNDAMENTAL RIGHTS ON ANIMAL PROTECTION

Abstract

This paper addresses the analysis of the applicability of Fundamental Rights, albeit indirectly, to non-human animals. The study is based on the research question: "Do Fundamental Rights, particularly the guarantee of the Principle of the Dignity of the Human Person, influence the protection of non-human animals?" This topic is relevant as it demonstrates the importance of animal protection within the Brazilian legal system, in light of Fundamental Rights, of which humans are the direct beneficiaries. The contribution relates to the debate regarding the influence Fundamental Rights exert on the subject of animal protection. In this regard, this study addresses the legislative evolution of Environmental Law concerning animal protection, as well as the definition of Fundamental Rights and their applicability in the environmental sphere. The classic division into first, second, and third-dimension rights is highlighted. Following these considerations regarding third-dimension Fundamental Rights, it was possible to examine how the protection of non-human animal dignity is established within the Brazilian legal system. The conclusion is that Fundamental Rights do not apply directly to protect animals; however, it is observed that the dignity of the human person influences the animal cause, insofar as an ecologically balanced environment forms part of the Fundamental Rights framework, of which humans are the recipients. The research employed the hypothetical-deductive method, alongside bibliographic and jurisprudential research.