How to Make the Fundamental Rights of Other Species Practicable? The Legal-Behavioral Approach

One of the topics that have produced more exclusion in the protection provided by
fundamental rights is the obsession to characterize the rights holder. Until now, it
prevails a subjective perspective to fundamental rights, under which legally transcendent
behaviors are those that injure individuals with specific qualities: ‘worthy
beings’. Because of that, this research proposes a reordering of the ‘legal functions’
of fundamental rights systems. In this way, aiming to include other beings in the legal
development, it will be postulated that the first function of legal systems should
be to select as relevant —without discrimination— all conducts that i) are socially
debated (under certain characteristics)