Animals as Subjects of Rights: Brazil's Constitutional Blueprint
In most countries, animals typically lack constitutional protection and rely solely on animal welfare statutes. Currently, only eleven countries globally have a constitutional provision dedicated to the protection of animals. Among these countries, Brazil stands out as the sole nation where the con...
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| Format: | Article |
| Language: | deu |
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Center for Animal Law and Ethics
2024-12-01
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| Series: | Journal of Animal Law, Ethics and One Health |
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| Online Access: | https://leoh.ch/article/view/8714 |
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| _version_ | 1832087018589388800 |
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| author | Marina Baptista-Rosa |
| author_facet | Marina Baptista-Rosa |
| author_sort | Marina Baptista-Rosa |
| collection | DOAJ |
| description |
In most countries, animals typically lack constitutional protection and rely solely on animal welfare statutes. Currently, only eleven countries globally have a constitutional provision dedicated to the protection of animals. Among these countries, Brazil stands out as the sole nation where the constitutional provision is directly applicable and supported by an extensive standing regime that enables diverse actors to invoke this protection in manifold judicial proceedings. This legal framework has fostered the development of innovative legal doctrines and advocacy initiatives over the past few decades. Consequently, while the concept of animals as legal persons or rights holders remains an aspirational goal in much of the Western world, in Brazil, animals are already recognized as subjects of rights. Despite that, the international awareness of the Brazilian experience remains limited due to most of the related literature being published in Portuguese. In face of the growing momentum of the animal constitutionalism movement worldwide, this article seeks to shed light on how a constitutional mandate has facilitated the establishment of animals as legal subjects deserving recognition in the legal system.
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| format | Article |
| id | doaj-art-5835c90173df4cceb968d973608be4e4 |
| institution | Kabale University |
| issn | 2813-7434 |
| language | deu |
| publishDate | 2024-12-01 |
| publisher | Center for Animal Law and Ethics |
| record_format | Article |
| series | Journal of Animal Law, Ethics and One Health |
| spelling | doaj-art-5835c90173df4cceb968d973608be4e42025-02-06T08:33:58ZdeuCenter for Animal Law and EthicsJournal of Animal Law, Ethics and One Health2813-74342024-12-0110.58590/leoh.2024.011Animals as Subjects of Rights: Brazil's Constitutional BlueprintMarina Baptista-Rosa0University of Helsinki In most countries, animals typically lack constitutional protection and rely solely on animal welfare statutes. Currently, only eleven countries globally have a constitutional provision dedicated to the protection of animals. Among these countries, Brazil stands out as the sole nation where the constitutional provision is directly applicable and supported by an extensive standing regime that enables diverse actors to invoke this protection in manifold judicial proceedings. This legal framework has fostered the development of innovative legal doctrines and advocacy initiatives over the past few decades. Consequently, while the concept of animals as legal persons or rights holders remains an aspirational goal in much of the Western world, in Brazil, animals are already recognized as subjects of rights. Despite that, the international awareness of the Brazilian experience remains limited due to most of the related literature being published in Portuguese. In face of the growing momentum of the animal constitutionalism movement worldwide, this article seeks to shed light on how a constitutional mandate has facilitated the establishment of animals as legal subjects deserving recognition in the legal system. https://leoh.ch/article/view/8714constitutional animal lawtrends in animal lawnon-personal subjects of rights brazilian animal lawlegal status of animals |
| spellingShingle | Marina Baptista-Rosa Animals as Subjects of Rights: Brazil's Constitutional Blueprint Journal of Animal Law, Ethics and One Health constitutional animal law trends in animal law non-personal subjects of rights brazilian animal law legal status of animals |
| title | Animals as Subjects of Rights: Brazil's Constitutional Blueprint |
| title_full | Animals as Subjects of Rights: Brazil's Constitutional Blueprint |
| title_fullStr | Animals as Subjects of Rights: Brazil's Constitutional Blueprint |
| title_full_unstemmed | Animals as Subjects of Rights: Brazil's Constitutional Blueprint |
| title_short | Animals as Subjects of Rights: Brazil's Constitutional Blueprint |
| title_sort | animals as subjects of rights brazil s constitutional blueprint |
| topic | constitutional animal law trends in animal law non-personal subjects of rights brazilian animal law legal status of animals |
| url | https://leoh.ch/article/view/8714 |
| work_keys_str_mv | AT marinabaptistarosa animalsassubjectsofrightsbrazilsconstitutionalblueprint |