A dignidade animal no sistema de órbitas da vida: direitos da natureza e direitos ambientais humanos

Abstract

This work aims to recognize animal dignity within human environmental rights, to influence the edition of normative, legislative and public politics to promote animal dignity. They aim to outline the historical context of the relationship between humans and animals since the beginning. Identify the simple departure from pure anthropocentrism towards biocentrism, notably from the expansion of the rules of environmental law with the United Nations Conference on the Human Environment of 1972 until the Agenda 2030. Demonstrate practical activities developed in the State of Tocantins, through of this work, in the context of animal dignity. Create the Life Orbit System, whereby all forms of life depend on balance between the five fundamental elements - air, water, soil, fauna and flora - and the sixth aggregated fundamental element, capable of balancing or unbalancing the system, the human being. At the heart of the study, the focus is empirical, based on the researcher's experiences and evidence, based on theory, based on legal, philosophical and sociological knowledge of natural law, laws of nature, human rights and fundamental rights. It has an applied nature, building practical activities in favor of animal dignity. Initially, the research was developed through field observation, with a photographic record to assess the treatment for large animals, attesting to the ingrained predominance of utilitarianism. Ahead, a preliminary documentary analysis of the national, state and municipal legislation in force at the time of initiation was carried out, in which it was possible to verify the lack of rules in favor of animal dignity. Theoretical research is centered on the consultation of national and international scientific works and publications of theses, dissertations, articles, doctrines, international legislation and leading-cases of constitutional and environmental rights, and, above all, of those currents that perpetuate animal dignity. In the midst of theoretical research, there was active participation in acts of the State that had animal dignity as an agenda, such as public hearings and meetings, training, integration with the Brazilian Lawyers Association in Tocantins and the City Council of Palmas. The public hearing was fundamental for the approval of the State Code for the Protection of Animals in Tocantins, sanctioned in August 2019. The Draft Bill no. 148/2019 to contemplate the Animal Dignity and Welfare Code in the municipality of Palmas-TO. By results, it was possible to conclude by the need for decentralization of public politics and social awareness at the municipal level, especially for the direct execution of activities directed to local particularities, given multiculturalism. It was concluded that the FAWC's five animal freedoms and the attribution of an economic value to animal welfare are fundamental to effectively achieve animal dignity. It was concluded that there is a direction towards biocentrism during the last five decades, and that the ecologically balanced environment is becoming more and more a world priority. With these findings, in line with the history of mankind and the interdependent relationship between man and the environment, what was called the expansion stages of the normative environment regime and the Life Orbit System, developed a theory still in its embryonic phase, presented in this work, for continuity in a later study