Heron Santana
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| Brazilian Jurist Contemporary Jurist, |
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 Heron Santana
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| Name: | Heron José de Santana |
| Birth: | 1962 |
| School/tradition: | Abolitionist |
| Main interests: | Ethics |
| Influences: | Rui Barbosa, Luis Gama, Tobias Barreto, Mahatma Gandhi, Tom Regan, David Favre |
| Influenced: | Tagore Trajano, Luciano Santana, Thiago Pires |
Heron J. Santana (born march 23, 1962) is Assistant Professor at Federal University of Bahia, School of Law, where he teaches environmental law, criminal law and constitutional law for undergraduate and graduate courses. Author of many papers and research studies about environmental law, animal-rights and animal law.
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[edit] Education
Heron Santana is master in Law (1996) and master in Sociology (1999) from Federal University of Bahia and awarded his J. D., magna cum laude, from Federal University of Pernambuco, School of Law (2006), with a thesis about the Brazilian Abolitionist Movement for Animal liberation.
[edit] Habeas Corpus Writ in Behalf of a Chimpanzee
Heron Santana served as environmental public prosecutor at Salvador, capital city of Bahia, and become part of Brazilian legal history, for he was the petitioner leader of a habeas corpus writ in behalf of Swiss, a chimpanzee that lived into a cage at the Salvador zoo. This was the first case to conside that a chimpanzee might be a legal person to come before the court under a petition for Habeas Corpus.
The judge, Edmundo Lúcio da Cruz, who analyzed the petition for habeas corpus submitted to the "9th Criminal Court" ruled in favor of the chimpanzee. The decision was made on September 28 and published in the "Official Diary" on October 4th, World Animal Day, the same date that honors Saint Francis of Assisi, patron saint of animals.
He said: "It is true that, in this initial ruling, admitting the debate of this matter, I have displeased some overzealous jurists, who might have forgotten a Roman Law maxim, which says that `in any provision, I would like to recall the wise words of the late Prof. Vicente Rao, who wrote in his monumental work – The Law and Life of Rights: “jurists should not seek demagogic applause, which they are not in need of. Quite the contrary, they have to courageously set forth the true scientific and philosophical principles of Law, proclaiming them loud and clear. They have to make these prevail in a tumultuous legislative scene, where changes are dictated by social contingencies, extracting there from rules which govern new needs, without sacrificing freedom, dignity and human personality” Among the factors that influenced my accepting this matter for discussion is the fact that among the petitioners are persons with presumed broad legal knowledge, such as prosecutors and Law professors.”
[edit] Animals as legal subjects without personhood and the standing in the courts
According to Thomas Kuhn, periods of crisis in science begin when a scientific paradigm (a structure that shapes concepts, the results and processes of scientific activity) accumulates a series of anomalies and difficulties that inhibit coherent solution. However, during a period of transition problems can be solved either by the old paradigm or by the newi. Roman law came from the intellectual inheritance of the Greek world, where only a free man can be considered “person”ii, i.e. legal subject. For the Romans a person and a man were diverse concepts. Only a man with certain attributes could be a legal subject. Some of this attribute were from nature, for example, perfect birth, i.e., born alive, to have human form and fetal viability) other from social status.
There, the status civile was divided into status libertatis, free men or slaves, status civitatis, citizens and non citizens and status familiae, completely capable (pater familiae), relatively capable (sui juris) or fully incapable (alieni juris) Thus, only free and fully capable citizens were considered person, while women, children, slaves, the physically impaired, foreigners and animals were not considered persons. According to Kelsen, as the capacity to acquire rights and the capacity to exercise rights can not be confused, animals are legal subject, with a legal title in a secondary legal relationship, as they do not possess the capacity to exercise their rights, in the same way as a child. Children do not have criminal liability, as their behavior is not deemed of sanction. Moreover, those who can not exercise their rights themselves can acquire property rights, for example. Their legal representative assumes the duties in name of the legal subject he/she represents.
From a long time the law has not only privileged human beings. Apart from companies other figures resemble legal persons, however, this is possible through an artificial process of legal fiction and terminology. Furthermore, in Brazil there are legal subjects without legal personhood, such as estates, societies without personality, cohabiting couples, etc.
In this sense an animal or a group of them, while without legal personhood can have standing and be represented by its guardian, by the state or organizations for the protection of animalsiv.
The big issue here is not knowing if animals have legal personhood but if they can be legal subjects, enjoying basic rights, such as life, freedom and physical and psychological integrity.
On the other hand, it is wrong of those who oppose animal abolitionism to imagine that this movement is against humanity. In fact, it refers to the extension of the moral sphere to include animals rather than threatening man exalting him.
If we understand cruelty as the act of doing something bad, tormenting or damaging others through insensitive, inhumane, painful acts, all and any cruel practice to animals therefore offends rather than confirms the principle of human dignity.
We recognize moral dignity or legal status for members of our own species who lack intellectual attributes, such as children, companies or depersonalized entities, why is it so difficult to raise this morality further and include at least beings in close evolutionary terms such as great apes?
In case that, nothing prohibit us from take wildlife, unable to return to their habitat, and protected them in sanctuaries or come part one of a family, as a subject not an object.
Nevertheless, the abolitionist movement from animal liberation is growing in Brazil, and as has occurred with most emancipation movements, activists perceived the necessity to create a organized movement made up of politicians, scientists, artists, professionals, lawyers, prosecutors, judges and animal protections associations, so that systematic defense of animal rights can be assured.
Furthermore we need to be aware that the issue is not only legal, but above all political, and that legal scholars must supply the theoretical instruments to be used when circumstances already for abolition of animal slavery.
[edit] Publications
- SANTANA. Heron José de. Abolicionismo animal. Revista de Direito Ambiental. São Paulo, Revista dos Tribunais, n. 6, p. 85-109, out/dez, 2004.
- SANTANA, H. J. . Espírito animal e o fundamento moral do especismo. Revista Brasileira de Direito Animal, v. 01, p. 37-65, 2006.
- SANTANA, H. J. . Meio Ambiente e reforma tributária: Justiça fiscal e extrafiscal dos tributos ambientais. Revista de Direito Ambiental, São Paulo, v. 33, n. Ano 9, p. 09-32, 2005.
- SANTANA, H. J. . Princípios e Regras de Soft law: novas fontes de direito internacional ambiental. Revista Brasileira de Direito Ambiental, São Paulo, v. 01, p. 97-131, 2005.
- SANTANA, H. J. ; SANTANA, L. R. ; SILVA, T. T. A. ; LEAL FILHO, A. F. ; OLIVEIRA, T. P. ; VIDA, S. S. ; ARCHANJO, G. D. A. ; MASCARENHAS JUNIOR, J. A. S. ; JESUS, O. S. ; BRITTO, A. P. D. C. . Ordem de Habeas Corpus em favor de "Suíça". Fórum de Direito Urbano e Ambiental, Belo Horizonte - MG, v. 23, p. 2747-2758, 2005.
- SANTANA, H. J. . Os Crimes contra a fauna e a Filosofia Jurídica Ambiental. Direito Ambiental na visão da Magistratura e do Ministério Público, Belo Horizonte - MG, p. 305-327, 2003.
- SANTANA, H. J. . Contra a Fauna e a Filosofia Jurídica Ambiental. Anais do 6º Congresso Internacional do Meio Ambiente, São Paulo, 2002.
- SANTANA, H. J. . O Ministério Público e os Movimentos Sociais. Revista do Ministério Público do Estado da Bahia, v. 9, 1998.
- SANTANA, H. J. . Ministério Público e Poder Simbólico. Revista do Ministério Público do Estado da Bahia, v. 8, 1997.
[edit] External Links
- Sentença do Habeas Corpus
- Habeas Corpus impetrado em favor de Suíça
- Extensão dos direito humanos aos grandes primatas
- Animais como sujeitos de Direito
- Fundação do Instituto Abolicionista Animal
- Lançamento da Revista Brasileira de Direito Animal
- Carta do Instituto Abolicionista ao Prefeito de Americana - maus tratos de chimpanzé
Galeria de Reportagens Internacionais:
- Reportagem em língua alemã
- Reportagem em língua alemã
- Reportagem Brazil Chimps
- Reportagens Americana sobre o habeas corpus
- Reportagens da Espanha
- Reportagens Mexicana sobre o habeas corpus
- Cases of the animal law
- Journal about Suíça
- Suiza: una martir en la lucha del pgs
[edit] See also
- Anti-hunting
- Consequentialism
- Criticisms of bullfighting
- Ethics of eating meat
- Deontological ethics
- Human rights
- List of animal rights groups
- Veganism
- Muhammad's attitude towards animals
[edit] International Reviews
- Animal Legal Defense Fund
- Animal Law Review
- Animal Legal and Historical Center
- International Institute for Animal Law
- Journal of Animal Law and Ethics
Categories: NPOV disputes | 20th century philosophers | 21st century philosophers | American legal writers | Animal rights movement | Brazilian philosophers | Green politicians | Brazilian humanists | Brazilian vegans | 1962 births | Living people | Animal rights | Bioethics | Political movements | Rights
