Banca de DEFESA: INGRID DE LIMA BARBOSA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : INGRID DE LIMA BARBOSA
DATE: 09/12/2021
TIME: 16:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

THE DISSOLUTION OF THE MARITAL RELATIONSHIP IN THE MULTISPECIES FAMILY AND THE LEGAL GUARDIANSHIP OF NON-HUMAN ANIMALS AS SUBJECTS OF RIGHTS

KEY WORDS:

Multispecies family. Animals. Judicial power. Legislative Power.

PAGES: 153
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This is a work on the social and legal effects of the multispecies family especially in the context of the dissolution of the marital bond in the Brazilian scenario. We sought to understand this kind of family as a social, cultural and legal phenomenon, based on the text of article 226 of the Federal Constitution and the behavioral studies analyzed. Considering the relevance of the theme and its breadth, our approach to it was limited to the recognition of animals as subjects of rights and members of multispecies families, and to the hermeneutic analysis of some court decisions dealing with custody, visitation and food in favor of animals, with the ultimate goal of discussing the perspective of building basic positive rights in their behalf, in the context of procedural law, mainly. By adopting this viewpoint, we aim to provide to the debate regarding the procedural premises that involve animals, which are little discussed by the doctrine and which are fundamental for the construction of a decision that is coherent to the legal treatment of these beings as subjects of rights. In this perspective, we developed our study with dialectical, historical (historiography), hermeneutic-dialectical, hermeneutic and documental methods. We undertook theoretical efforts to build a conceptual basis regarding the multispecies family, and, from that, to analyze the interpretative horizons of the court decisions on the cases under study, confronting them with the foundations of the animalist doctrine built so far. Thus, we noticed that analogy is inadequately applied in decisions since there is no consistency in the discourse on the legal nature of animals and the applicability of the institutes of Family Law. Therefore, the Legislative Power must act to ensure the interests and rights of animals; nonetheless, this does not mean the complete apathy of the Judiciary, which can respond to social demands, however, conforming its discourse to make it coherent with the constitutional provision of article 225, §1º, VII, and with the animal dignity that derives from it.

BANKING MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externa à Instituição - JULIANNE HOLDER DA CÂMARA SILVA - UFERSA
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Interna - 1753047 - MARIANA DE SIQUEIRA