DIREITOS DOS ANIMAIS, AVANÇOS E PERSPECTIVAS? PROPOSTA DE ALTERAÇÃO DO CÓDIGO CIVIL E A AFETIVIDADE COM OS PETS.

Abstract

This paper discusses advances related to theoretical animal rights in relation to affection with humans, through decisions of Brazilian Courts, the Superior Court of Justice and doctrine. It presents the perspectives of this relationship contained in the project to reform and update the Civil Code and, based on the new ethics, the principle of responsibility of Hans Jonas, investigated whether this position in which pets were erected, object of human affection, really characterizes an advance in their rights. To answer the aforementioned proposition, the study uses the deductive method, which corresponds to the discursive extraction of knowledge from general premises applicable to concrete situations, and from bibliographical and jurisprudential research. The objective is to demonstrate that in the litigation of alleged animal rights, the interests of humans are hidden, that they are removed from their habitats and their substance to meet the emotional needs of their owners, so, from this perspective, one cannot speak of progress in animal rights.