Brazil

Share |
  • Warning: iconv(): Wrong encoding, conversion from "HTML-ENTITIES" to "UTF-8" is not allowed in Twig\Extension\CoreExtension::convertEncoding() (line 1206 of /opt/drupal/vendor/twig/twig/src/Extension/CoreExtension.php).
  • Warning: iconv(): Wrong encoding, conversion from "HTML-ENTITIES" to "UTF-8" is not allowed in Twig\Extension\CoreExtension::convertEncoding() (line 1206 of /opt/drupal/vendor/twig/twig/src/Extension/CoreExtension.php).
  • Warning: iconv(): Wrong encoding, conversion from "HTML-ENTITIES" to "UTF-8" is not allowed in Twig\Extension\CoreExtension::convertEncoding() (line 1206 of /opt/drupal/vendor/twig/twig/src/Extension/CoreExtension.php).
  • Warning: iconv(): Wrong encoding, conversion from "HTML-ENTITIES" to "UTF-8" is not allowed in Twig\Extension\CoreExtension::convertEncoding() (line 1206 of /opt/drupal/vendor/twig/twig/src/Extension/CoreExtension.php).

Interlocutory Appeal No. 0059204-56.2020.8.16.0000 - Paraná, Brazil

Summary:

In this case, the Justice Tribunal in Paraná, Brazil, unanimously overturned the lower court decision and ruled that two dogs, Rambo and Spike (appellants), had the legal capacity to be legal persons and, therefore, had standing to sue their owners, Pedro Rafael de Barros Escher and Elizabeth Merida Devai (Appellees) in a damages claim. Upon thorough examination of the validity of Decree-Law 24,645/1934, granting the Public Prosecutor's Office and animal protection entities the authority to act as legal representatives for animals, the court determined that the decree is an ordinary law (higher hierarchy than other laws), and was still in full force. As a result, animals in Brazil are explicitly endowed with the legal capacity to participate as parties in judicial proceedings by law. The judge referenced the 2005 case Suíça v. Gavazza, a groundbreaking decision where the chimpanzee, the subject of a Habeas Corpus, had passed away before the final judgment. The judge concluded that there is a discernible judicial trend towards accepting animals as legal persons with the ability to be a party in legal proceedings. Furthermore, the court stated that the Brazilian Constitution of 1988 established the principle of unobstructed access to justice, which means that every holder of substantive rights can be a party in a judicial proceeding; without this ability, such principle is ineffective and pointless. The appeal was granted, and the court ordered that Rambo and Spike maintain their role as the focal points of the lawsuit, acting as plaintiffs represented by the NGO.

Brazil's ban on live cattle exports

Summary:

This is the case in which a court in Brazil banned live cattle exports from all Brazilian ports based on animal welfare concerns. It is the result of a lawsuit filed by the NGO "Foro Nacional para la Protección y Defensa de los Animales," who requested that this type of animal transport to be banned. In 2018, the court granted a temporary injunction prohibiting live cattle exports. However, this injunction was invalidated by a superior tribunal. In her opinion, the judge stated that "animals are not things. They are sentient living beings—individuals who feel hunger, thirst, pain, cold, anguish, and fear. " In its holding, the judge compares the treatment of animals to the treatment suffered by humans during the slave trade, stating that non-human animals suffer the same treatment in the name of commercial development. Furthermore, the judge concluded that the necessary methods to guarantee the health and well-being of animals in this type of transport were not being adopted and urged for the harmonization between the interests of human animals (economic interest or interest in providing food for the population) with the ethics that must preside over their relations with non-human animals, encouraging the country to be at the forefront in abolishing inappropriate handling and eradicating all types of cruelty against animals. Even though this is a landmark decision, it is important to mention that this is not a final decision constituting legal precedent, and a higher court can invalidate it if it is appealed.

ASSOCIACAO SANTUARIO DE ELEFANTES BRASIL

Summary:

This case from Brazil concerns the elephant named "Ramba." Ramba is a former circus elephant who spent more than 30 years at circuses in Chile and Argentina. On October 18, 2019, she arrived at Santuário de Elefantes do Brasil (Brazil Elephants Sanctuary) after a 73 hour trip all the way from Chile. Before Ramba was transferred, Judge Leonísio Salles de Abreu Junior, from the 1st Civil Court at Chapada dos Guimarães, the region where the sanctuary is located in Mato Grosso , Brazil, made a ruling changing her status from a mere "good." The judge prohibited the local Government from charging the sanctuary R$ 50.000 (approximately US $ 13.00) in a tax on movement of goods finding that Ramba is not a thing, and is not a subject to importation good tax. According to an article at https://www.ambientesecom.net/2019/10/24/groundbreaking-decision-of-brazilian-judge-for-captive-elephant/?fbclid=IwAR3mccgbTaDJ7ZuqRLMYjbXx9SO_z-rw3MNzxKRFEFI31SN2_SToOaPrzrs, the judge said further, "Her position, far from being a commodity (as she was in the life of exploitation to what she was submitted to by her former owners), is now that of a guest, who seeks for a new destination on the margins of what human evil has already caused her."

HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL

Summary:

Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable.

Revista Brasileira de Direito Animal Volume 15

SUMÁRIO

EDITORIAL

Heron Gordilho……………………………………………….

Doutrina Internacional/International Pappers

1. ENSINANDO ÉTICA PÓS-HUMANISTA NA FACULDADE DE DIREITO: As dimensões de raça, cultura e gênero na resistência estudantil

Maneesha Deckha (mdeckha@uvic.ca)...................................................

2.  OS DELITOS CONTRA A FAUNA SILVESTRE EN LA REPÚBLICA ARGENTINA (LEY 22.421)

Jorge Buompadre (jbuompadre@gmail.com)………………………

Revista Brasileira de Direito Animal Volume 14

SUMÁRIO

EDITORIAL

Heron José de Santana Gordilho……………………………………………….

Doutrina Internacional/International Articles

1. O FUTURO DO DIREITO ANIMAL: Indo Além de “Ensinar o Pai Nosso ao Vigário” / The Future of Animal Law: Going Beyond Preaching to the Choir

Megan A. Senatori e Pamela D. Frasch ............................................................

2. O PAPEL DO ENSINO DE  PRÁTICA JURÍDICA EM DIREITO ANIMAL /The Role of the Animal Law Clinic
Share |