The vulnerability of non-human animals: limitations and prospects for access to justice

Abstract

This study stems from debates and reflections on the vulnerability of non-human animals in the Brazilian social context and their current status within the national legal system. The study proposes a comprehensive reinterpretation of access to justice, seeking to extend this fundamental right to sentient beings, who have historically been marginalized by a prevailing speciesist perspective. Based on Mauro Cappelletti’s theory of waves of renewal, the research explores the State’s role in fulfilling the constitutional commitment to prohibit cruelty, established by the 1988 Constitution. It highlights the indispensable intervention of the Public Defender’s Office, acting under the doctrine of custos vulnerabilis to ensure the effective protection of these individuals. The research analyzes concrete cases and challenges faced in Brazil, with an emphasis on the issue of animal traction, to highlight the flaws and omissions in current public policies. The aim is thus to contribute to an in-depth ethical and legal reflection on the treatment of animals by society. The study concludes that there is an urgent need to incorporate an anti-speciesist perspective into institutional and legislative discussions. Such a change is essential to guarantee access to justice, strengthen democratic values, and ensure the full realization of the constitutional rights of all vulnerable beings.