ENVIRONMENTAL PROTECTION AND PERSONIFICATION OF ANIMALS

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César Fiuza
Bruno Resende Azevedo Gontijo

Abstract

This paper seeks to analyze the issue of animal protection, as well as some theories that explain this protection. After all, is it necessary to assign personality to animals for protection? Which animals should be protected? Can the paradigm be other than the anthropocentric? Can the theory of non-maleficence be applied in choosing which ani­mals to protect? From the review of some basic concepts of civil law, such as subject of rights, right capacity, personality and subjective right, we seek to position ourselves in front of this issue. Theories, as of the subjects of rights without personality and ideas of personifica­tion of the animals were covered by this study. At the end, we stand ahead to the issues raised and the reasons why we affiliate to the one stream rather than to the other.

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Author Biographies

César Fiuza, UFMG PUCMG FUMEC

Doutor em Direito pela UFMG. Professor Titular de Direito Civil na Universidade FUMEC. Professor Associado de Direito Civil na UFMG e Adjunto na PUCMG. Advogado e consultor jurídico.

Bruno Resende Azevedo Gontijo, UFMG TJMG

Bacharel em Direito pela UFMG. Servidor público no Tribunal de Justiça de Minas Gerais.