A tutela jurídica dos animais não humanos nos centros urbanos à luz do Estado Constitucional Ecológico: análise das políticas públicas administrativas do Município do Rio de Janeiro no período de 2015 a 2021

Abstract

The present dissertation aims at debating the legal aspects of nonhuman animals in urban areas, with emphasis on the constitutional and environmental perspectives aiming towards their recognition as a subject of rights. It starts from the notion of civil society and interspecies applied to political theory to demonstrate the fact that human and nonhuman individuals are integrated, coexist and interact with each other, even though they are from different species. The theoretical underpinning and philosophical framework are set on Martha Nussbaum’s capabilities approach that develops a list of capabilities to be considered as basic political principles for nonhuman animals and sets a minimum standard to be guaranteed for in order to have a dignified life. Nussbaums’ theory basis is on John Rawls’ Contractarianism, for understanding its relevance in the field of social justice and, by extension, its contribution to the formation of political and juridical structures. In order to understand the proposed objects will be analyzed the normative-regulatory framework of the Municipality of Rio de Janeiro and its process of legislative review regarding domestic and wild faunas, based on the hypothesis that an effective protection of the interests of nonhuman animals is based on regulation that considers its basic capabilities and recognizes them as a subject of rights, primary target of public policies, user of the interspecies city that presents itself in the light of the biocentric constitutional rule. The method of approach used was the hypothetical-deductive and the one of interpretation is the exegetical. Regarding the typology of the research: its nature is theoretical, based on bibliographic analysis and case study with explanatory purpose and procedure guided by non-participating observation, concerning the analysis of the normative framework, and by action, regarding the process of legislative review. As a result, the aim is to establish regulatory premises, related to public administrative policies, in order to assure a regulatory structure that protects the interests of animals administratively and provides for an adequate protection of their rights and guarantees, promoting its recognition as a subject of rights, entitled of a dignified life in the interspecies city.