Animal welfare is conditional on well-planned and well-managed exploitation, since the management of the animals strongly influences their behavior, their productivity and, consequently, the yield and quality of the final product. In this study, an investigative review was carried out of the literature, governmental databases and main institutions relating to animal welfare, seeking to highlight and discuss differences in legislation between Brazil and Portugal, in view of the interest and concern of the scientific community and the consumer market in relation to methods used for animal production. In Brazil, there is no specific legislation on the welfare of pigs and other related legislation is used as a basis. However, Portugal has more specific legislation on the subject. Considering the dissemination of knowledge and the growing concern with animal welfare in the European consumer market, it is noted that the need for its application standards that ensure animal welfare in production/breeding, possibly becoming a basic requirement in the coming years. However, Brazilian pig farms, like all other animal production activities, are still lacking specific legislation that is appropriate for Brazil, which ends up delaying the effective practice of welfare in productions, abstaining from the population of information about the activity. New studies are needed to ascertain the necessity and applicability of the legislation, and whether the legislation is effective in improving animal welfare or serves only to increase bureaucracy.