ANIMALS AND THE CLIMATE REFUGE INSTITUTE

AN ANALYSIS OF THE “CAVALO CARAMELO” CASE IN RIO GRANDE DO SUL FROM THE PERSPECTIVE OF FRATERNAL LAW

Abstract

The theme of this research focuses on discussing the limits and possibilities of recognizing animals as climate refugees. The general objective of the investigation is to analyze the case of the “Caramelo Horse” in Rio Grande do Sul from the perspective of the Theory of Fraternal Law. The specific objectives are: 1) Investigate the historical evolution of the Refuge Institute and the possibility of recognizing animals as refugees; 2) To analyze the need to update the concept of refuge to include animals as subjects of protection based on the “Caramelo Horse” case. The theoretical basis used to support the criticality of the discussion is the Theory of Fraternal Law, developed by the Italian jurist Eligio Resta. The research adopts the hypothetical-deductive method and is based on a bibliographic and documentary analysis to understand the thematic proposal. Through the interweaving between the climate refuge institute and the case of the “Caramelo Horse” from the perspective of Human Rights, the question is: Can animals be recognized as subjects of protection based on the refuge institute under the theoretical lenses of Fraternal Law? In light of fraternity, it is clear that there are multiple limits and possibilities for overcoming interspecies boundaries as a project of fraternal coexistence for the recognition of the rights of non-human animals and the consideration of them as subjects of rights in the context of climate refuge.