PROTEÇÃO ANIMAL E RESPONSABILIDADE CIVIL NO BRASIL: A RESPONSABILIDADE CIVIL NOS CASOS DE MAUS TRATOS AANIMAIS DOMÉSTICOS NO BRASIL

Abstract

The increasing appreciation of domestic animals as members of the family has progressively gained prominence in both social and academic contexts. This social concern highlights the urgent need for legal protection that recognizes animals not merely as objects or property, but as sentient beings deserving of care and respect. In recent years, Brazilian legislation has evolved to strengthen animal protection, assigning to both the State and society the duty to safeguard the environment and to prevent practices that subject animals to cruelty. This study aims to analyze how laws and legal authorities have addressed the legal protection of domestic animals, emphasizing the advances introduced by Law No. 9,605/1997, reinforced by Law No. 14,064/2020, as well as relevant jurisprudence and specialized legal doctrine. A qualitative approach is adopted, using the hypothetical-deductive method and bibliographic and documentary research. In this context, the legal recognition of animal sentience emerges as a fundamental factor capable of fostering new interpretations regarding moral damage, strict liability, and the duty to compensate. Therefore, this research seeks to contribute to the strengthening of the effectiveness of legal and social protection of domestic animals in Brazil.