Public Policies for Human-Fauna Relations: Convergences and Contrasts Between South America and the European Union

Relations between human beings and non-human fauna have assumed increasing centrality in contemporary legal and political agendas, driven by the intensification of global ecological crises, the accelerated loss of biodiversity and the expansion of ethical debates concerning the protection of sentient beings. In this context, this article undertakes a comparative analysis of the normative models and public policies aimed at the protection of fauna and nature developed in South America and in the European Union, seeking to identify convergences, divergences and structural limits within these experiences. The study adopts a functional comparative law approach, combining normative, jurisprudential and institutional analysis. On the one hand, it examines the consolidation, within the European Union, of a highly institutionalised regulatory model centred on animal welfare and the legal recognition of animal sentience, structured through supranational legislation and the case law of the Court of Justice of the European Union. On the other hand, it analyses the emergence, in South American countries, of constitutional and jurisprudential innovations incorporating ecocentric perspectives, particularly through the recognition of the rights of nature and the expansion of legal protection for fauna as an integral component of ecological systems. The findings indicate that, although the European model presents greater normative uniformity and institutional capacity for implementation, it remains constrained by a predominantly instrumental and anthropocentric logic. By contrast, South American experiences offer significant conceptual advances by extending legal protection beyond the human sphere yet face substantial challenges of practical effectiveness. It is concluded that these distinct normative trajectories may be understood as complementary in the construction of more coherent and effective public policies capable of addressing contemporary global socio-environmental challenges.