Brazilian Animal Law Overview: Balancing Human and Non-Human Interests

Abstract

This paper offers a conceptual analysis of the state of Animal Law in the Brazilian system. It discusses how the Brazilian judiciary respond to the animal rights debate. It also asks how the Brazilian courts have developed the debate and decided in some of the cases pro interest of animals such as Festival of Oxen, cockfighting, and principally habeas corpus for animals.

Additionally, it explores the effects of unique provision of the Brazilian Constitution stating that the government shall protect the fauna and species, prohibiting the cruelty to animals. Thus, this paper shows that this debate offers a pattern of understanding of how the Brazilian legal system operates.

Keywords: Animal Law, Brazilian Law, Fundamental Rights, Constitutional Law