Animals as Subjects of Rights: Brazil's Constitutional Blueprint

Abstract

In most countries, animals typically lack constitutional protection and rely solely on animal welfare statutes. Currently, only eleven countries worldwide have a constitutional provision dedicated to the protection of animals. Among these countries, Brazil stands out as the sole nation where the constitutional provision is directly applicable and supported by an extensive standing regime that enables diverse actors to invoke this protection in manifold judicial proceedings. This legal framework has fostered the development of innovative legal doctrines and advocacy initiatives over the past few decades. Consequently, while the concept of animals as legal persons or rights holders remains an aspirational goal in much of the Western world, in Brazil, animals are already recognised as subjects of rights. Despite that, the international awareness of the Brazilian experience remains limited due to most of the related literature being published in Portuguese. In face of the growing momentum of the animal constitutionalism movement worldwide, this article seeks to shed light on how a constitutional mandate has facilitated the establishment of animals as legal subjects deserving recognition in the legal system.