Animais comunitários em condomínios edilícios: proteção jurídica e responsabilidade civil

Abstract

The present work had as its starting point the personal experience of the Author in her work in the Commission for the Protection and Defense of Animals of the OAB/BA - Subsection of Feira de Santana, where she receives daily complaints and requests for help involving situations of mistreatment of animals, and most of these occurrences refer to animals that live in the common areas of condominiums – community animals, which are now taken care of by some residents or employees, generating discontent in some condominium members. Faced with this new legal situation, nationwide, which has knocked on the doors of the Judiciary, and moved scholars of the animal cause and the Legislative, Executive and Judiciary Powers in search of the best solution, which conforms to relevant fundamental rights, such as the right to property and the animal's right to a dignified life, the research aims to analyze the evolution of legislation and jurisprudence that involve the relationship between humans and non-humans and the protection that has been conferred to the latter, culminating in the analysis of the emergence of the new figure legal status of the community animal that lives in the common areas of building condominiums, what type of protection can be given to it and how responsibility is given in cases of damage caused against and by these animals.