Um estudo sobre o status moral dos animais desde uma perspectiva deontológica

The main concern of this work is to offer an analysis of the possibility of an ethical approach to the interaction between human beings and animals. As far as possible we seek an approach which rely neither on utilitarian considerations nor on indirect reasons to explain the attribution of dignity or moral rights to animals. We take for granted that some of them (if not all) do possess it. And then we try to show that a deontological ethical theory (one which centers in the human as the agent but is not restricted to humans as the objects of the moral action) can afford us a good theoretical basis for the grounding of the attribution of rights or dignity to animals. Analyzing the main features of Kantian ethics, as well as some of its alternatives, it will be possible to show that an ethical theory which does not presuppose reciprocity nor depends solely upon particular human concerns is not only possible but also reveals itself as the most sensible and adequate to the nature of our values and of the case at hand.

Um estudo sobre o status moral dos animais desde uma perspectiva deontológica

The main concern of this work is to offer an analysis of the possibility of an ethical approach to the interaction between human beings and animals. As far as possible we seek an approach which rely neither on utilitarian considerations nor on indirect reasons to explain the attribution of dignity or moral rights to animals. We take for granted that some of them (if not all) do possess it. And then we try to show that a deontological ethical theory (one which centers in the human as the agent but is not restricted to humans as the objects of the moral action) can afford us a good theoretical basis for the grounding of the attribution of rights or dignity to animals. Analyzing the main features of Kantian ethics, as well as some of its alternatives, it will be possible to show that an ethical theory which does not presuppose reciprocity nor depends solely upon particular human concerns is not only possible but also reveals itself as the most sensible and adequate to the nature of our values and of the case at hand.

Plano de desenvolvimento sustentável e articulação de políticas públicas: o controle de políticas ambientais pelo poder judiciário

The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.