Maus-tratos contra animais: Análise das decisões do Tribunal de Justiça do Estado de Santa Catarina.

• Autor(a) principal: Mello, Simone Arezio de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5900
• topic: Animais; Legislação; Jurisprudência; Direito ambiental

OBJECTIVE: This monography aims to analyze the decisions made by the State of Santa Catarina’s court of justice about the mistreatment of non-human animals. METHOD: The research is characterized as documentary, of exploratory nature concerning the use of jurisprudential understanding with approach quantitative and qualitative sampling. It was made a survey of the judgments of the Santa Catarina court in a two-year range, from september 2017 to september 2019. RESULT: Of the 32 judges selected, 53% were consistent with the classification of the crime of mistreatment of animals, and 64,7% of these decisions there were condenation. In these it was observed that the applied legislation gives importance to the law of environmental crimes, law 9605/98 (BRASIL, 1998) which aligned with the Penal Code (BRASIL, 1940), Federal Constitution (BRASIL, 1988) and other environmental laws suggest an existing jurisprudential understanding being applied in the counties that make up the Santa Catarina’s court of justice. CONCLUSION: The perception of the animal sentience is advancing under Brazilian legislation. When the promulgation of the Constitution happened, the personification process of the non-human animals began in the country, with states and municipalities having autonomous legislation to preserve the species, as is already the case in other countries. It is remarkable the brazillian judiciary’s concern about establishing an uniform jurisprudential understanding about the topic