O fundamento onto-antropológico da tutela penal de animais : (contributo para a sua compreensão dogmática)

Abstract

It is an investigation, within the scope of criminal law, which has as its object the criminal protection of animals, orienting itself from the question of the possibility for the animals to be holders of legal good, concluding for its positive hypothesis. The phenomenological method of investigation allows the unveiling of the original phenomenon that would justify the criminal protection of animals: the ontoanthropological relationship of care-of-danger (to-animals). This phenomenon, when brought to the criminal law discursiveness, is called the onto-anthropological basis for criminal protection of animals.