A conduta de omissão de socorro de animais domésticos em estado de vulnerabilidade: uma proposta de tipo Penal

Abstract

In this paper, we analyzed the failure to provide assistance to domestic animals in a vulnerable state, examining the legal feasibility of proposing the creation of a new penal type to be included in Federal Law No. 9,605 / 98 - Environmental Crimes Law. To this end, a study will be carried out on the legal nature of animals, going through natural law and national legislation, as well as the Universal Declaration of Animal Rights. In addition, there is a focus on the issue of commissive and omissive crimes, making the historical approach to human conduct. The complete examination of the crime of omission of help existing in the Penal Code is essential, given the evident link with the conduct of omission of help from domestic animals. Also addressed are foundations existing in the Environmental Crimes Law itself for the creation of the crime, demonstrating the existence of other omissive crimes, as well as making the differentiation with the crime of mistreatment and the analysis of bills in progress in the Houses Federal Legislatives. Finally, reaching the general objective of the study, there is a proposal to include a new criminal offense in the aforementioned special legislation, with the definition of the elementary elements of crime, protected legal property, subjects, subjective element, form of consummation and penalty, for those who omit to help domestic animals in a state of vulnerability, in the absence of personal risk. As for the methodological aspects, a research will be carried out using the hypothetical deductive method, with qualitative documentary research technique in primary and secondary sources, as well as bibliographic.