Do animals have rights?

The word right has several etymological meanings, and in order to consider the law of animals, we must use the broadest meaning of the term.

For this purpose, it is relevant to mention the three-dimensional theory of Law, enshrined by Professor Miguel Reale, in which the word right encompasses three elements: fact, value, norm.

Thus, in order to consider the existence of a right, there must be a certain fact (mistreatment, for example), legislation that considers a certain fact (as we will see a vast list of laws below) and the value, as the concretization of the idea of justice.

Jurists should note that facts, values ​​and norms coexist, taking into account the three elements for the interpretation of a rule or rule of law and its applicability, and not just one of the elements, under penalty of being unfair, ignoring a fact or do not meet a valid and valid standard.

It is in this light that we affirm that animals have rights.

Text prepared in collaboration by the lawyer

Renata de Freitas Martins