O Direito e a Ética na comunidade senciente: uma crítica ao antropocentrismo

Abstract

The present paper proposes an investigation into the ethical and legal treatment of animals, evincing the recognition of sentience as a criterion in the moral consideration of animals. It discusses initially the differences and similarities between humans and other animals, anthropocentrism as a factor that favors the nonconsideration of non-human animals as beings having intrinsic values, and the legacy of Immanuel Kant as opposed to biocentrism, that includes life, in general, in the core of the universe; also, the recent debates regarding the possibility of recognizing animals fundamental rights and the development of a multidimensional and comprehensive dignity, the latter being based on the studies of Ingo Sarlet. Next, the paper presents an overview of the constitutions of Germany, Switzerland and Ecuador, also highlighting some features of English law, so as study the legal treatment given to animals in these countries. It also analyses the constitutional and infra-constitutional position of the non-human animal in the Brazilian legal system. Finally, it touches on the use of animals in scientific experiments, teaching activities, cultural events, shows and religious rituals, from the viewpoint of animals wellbeing and rights, suggesting a reflection on the need to bring animals within the sphere of moral consideration, opposing speciesism. The ideas presented are based on Peter Singer s theory of the equal consideration of interests and Tom Regan s theory of animals rights