Animais não-humanos: (im)possibilidade de herança testamentária no ordenamento jurídico pátrio: um olhar com base no direito comparado

• Ano de defesa: 2023
• Autor(a) principal: Silva, Raonny Canabarro Costa da
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• dARK ID: ark:/26339/001300001bbq1
• Idioma: por
• Instituição de defesa: Universidade Federal de Santa Maria; Brasil; Direito; UFSM; Programa de Pós-Graduação em Direito; Centro de Ciências Sociais e Humanas
• Palavras-chave em Português: Animais não-humanos; Animais domésticos; Direito animal; Herança; Sucessões; Testamento; Animal law; Non-human animals; Pets; Inheritance; Successions; Testament; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.ufsm.br/handle/1/33215

The present study portrays non-human animals and the (im)possibility of testamentary inheritance, based on a comparison between the Brazilian legal system and the international one, using some countries that have already shown progress on the subject as examples. The problem guiding the research is: What are the limits and possibilities for recognizing non-human animals as testamentary heirs in multi-species families from a comparative perspective involving the Brazilian and international legal systems? The general objective of the dissertation is: To investigate, from legal and social dimensions, the (im)possibility of non-human animals being testamentary heirs in multi-species families. The specific objectives are as follows: a) Contextualize the main theoretical/practical elements regarding non-human animals and multi-species families; b) Analyze judgments, legislation, as well as doctrines and jurisprudence in the Brazilian legal system that refer to non-human animals becoming testamentary heirs; c) Analyze judgments, legislation, as well as doctrines and jurisprudence in the legal systems of foreign states that refer to non-human animals becoming testamentary heirs; d) Compare and synthesize the results of the documentary research from Brazilian findings and foreign states, further fostering the interest of society and the academic community. The research methodology employed was exploratory and documentary, using bibliographic techniques to gather materials on the subject. The method used was deductive, as it starts from a general context of the study of animal rights to the specific case of the possibility of testamentary inheritance. As the main results, it is found that both the Brazilian and international legal systems do not provide for the possibility of direct inheritance for non-human animals, only possibilities where a natural and/or legal person inherits with the condition of taking care of the animal. Moreover, considering that few countries recognize non-human animals as subjects of rights and, furthermore, there is no consensus on their effective legal capacity, many challenges prevent there from being an effective right to inherit. However, some possibilities are already in development, such as Bill 179/23, which brings some provisions about multi-species families and the possibility of testamentary inheritance.