A debilidade da legislação brasileira diante do crime de maus tratos aos animais

Abstract

The present work seeks to discuss and address the weakness and (in) effectiveness of Brazilian legislation in the face of the crime of maltreatment of animals, which is fragile in relation to the punishment for this type of crime, although there are already rules and special laws relating to this matter. As demonstrated by science, especially neuroscience and biology, animals are sentient beings with a conscience, who have the right to life, respect and well-being. The example of this is the international legislation, which has increasingly deepened in the animal issue, including them in the normative texts no more as mere objects, but subject to law, and to increase the penalty for the crime of maltreatment to animals . The study also reveals that our legislation has treated cruelty against these beings as a conduct of "less offensive potential", being an irrelevant punishment. In this way, this research seeks a possible solution so that the cases of abuse and cruelty to animals can diminish, in order to cause greater reflection and sensitivity to the society that this practice is criminal and should be avoided.