Brazil
Displaying 11 - 20 of 29
Title |
Summary |
|---|---|
| First national report for the Convention on Biological Diversity - BRAZIL | |
| HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL | |
| Interlocutory Appeal No. 0059204-56.2020.8.16.0000 - Paraná, Brazil |
In this case, the Justice Tribunal in Paraná, Brazil, unanimously overturned the lower court decision and ruled that two dogs, Rambo and Spike (appellants), had the legal capacity to be legal persons and, therefore, had standing to sue their owners, Pedro Rafael de Barros Escher and Elizabeth Merida Devai (Appellees) in a damages claim. Upon thorough examination of the validity of Decree-Law 24,645/1934, granting the Public Prosecutor's Office and animal protection entities the authority to act as legal representatives for animals, the court determined that the decree is an ordinary law (higher hierarchy than other laws), and was still in full force. As a result, animals in Brazil are explicitly endowed with the legal capacity to participate as parties in judicial proceedings by law. The judge referenced the 2005 case Suíça v. Gavazza, a groundbreaking decision where the chimpanzee, the subject of a Habeas Corpus, had passed away before the final judgment. The judge concluded that there is a discernible judicial trend towards accepting animals as legal persons with the ability to be a party in legal proceedings. Furthermore, the court stated that the Brazilian Constitution of 1988 established the principle of unobstructed access to justice, which means that every holder of substantive rights can be a party in a judicial proceeding; without this ability, such principle is ineffective and pointless. The appeal was granted, and the court ordered that Rambo and Spike maintain their role as the focal points of the lawsuit, acting as plaintiffs represented by the NGO. |
| PROJETO DE LEI Nº ____, DE 2007 (in portuguese) | |
| Revista Brasileira de Direito Animal (Brazilian Animal Rights Review) | |
| Revista Brasileira de Direito Animal Volume 10 | |
| Revista Brasileira de Direito Animal Volume 11 | |
| Revista Brasileira de Direito Animal Volume 12 | |
| Revista Brasileira de Direito Animal Volume 13 | |
| Revista Brasileira de Direito Animal Volume 14 |