THE “NEW” LEGAL STATUS OF NON-HUMAN ANIMALS IN PORTUGAL
Authors: Ana Elisabete FERREIRA, Eduardo António da Silva FIGUEIREDO
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In this paper, the authors propose to bring out the main theses regarding the (legal) status of non-human animals, concluding by the dogmatic and practical adequacy of that which advocates the recognition of the duties of human beings whose object is animals. Then, they question the existence of a legal-constitutional status of the animal in the Portuguese legal order and analyze the repercussions of recent legislative innovations in this matter, both in the civil and criminal spheres. Despite the fact that the path taken is favorable to the protection and effectiveness of animal welfare, the dispute seems complex and controversial, alerting to the need to rethink the architecture of the legal systems, as well as the axiological-evaluative premises that found them.