COMPANION ANIMALS AND JUDICIAL PRECEDENTS IN COURT OF JUSTICE OF FEDERAL DISTRICT

Abstract

In Brazil there is an estimated population of about 140 million animals present in the family nucleus. In the Federal District there are approximately 1.5 million animals that integrate the multispecies family (new family conformation), which starts to interpret these animals under the logic of ethics and affection, calling them companion animals. This new family structure generates social and legal consequences (example: the existence of discussion about the shared custody of animals after the dissolution of the family nucleus) that end up resulting in the need for state action (by one of its constituted powers). In this context, an exploratory and descriptive study of the judicial panorama in the Court of Justice of Federal District related to companion animals was carried out. It was verified the existence of court decisions that protect animals (especially due to the constitutional prohibition of cruel practices) and permeate the breaking of the current anthropocentric paradigm, although there is also a preponderance of these issues exclusively in relation to dogs and cats. This situation can be explained by the closer affective relationship existing between these companion animals and human beings within the multispecies family. It is expected that the panorama presented is one more element for the understanding of animals in society and that Animal Rights continues to evolve in the Federal District and in Brazil, also resulting in a greater understanding by human beings and, consequently, in a greater protection of animal integrity and dignity.