Reflexões sobre a política penal destinada aos maus-tratos da fauna especial : cães e gatos

Abstract

This dissertation aims to analyze the changes made by Law No. 14,064, of September 29, 2020, which amends Law No. 9,605, of February 12, 1998, to increase the penalties imposed for the crime of crime against animals, increasing the § 1 - Article 32, increasing the penalty for the practice of abuse, beating, injury or mutilation from 2 (does) to 5 (five) years, fine and prohibition of monitoring - when the animal is treated with the cat or cat - front from 03 (three) months to 01 (1) year, originally foreseen for the criminal type, creating a distinction in treatment between two animal species, compared to other animal species of the Brazilian fauna, such as wild, native or exotic animals, or and other types of domestic animals. Furthermore, we will analyze the aspects conceived by fauna in the Brazilian legal system, the legislative frameworks now protect against cruelty against animals, situating its evolution in national legislation in order to try to understand the situation of land and cats as well as legally protected in highest criminal scale. In this analysis, we will observe the implementation of environmental criminal law in the protection of domestic fauna. It will be analyzed through an analytical comparison of the criminal type according to modifications inserted in Law No. the possibility of impact on criminal measures and consequences of the process, as well as the impact of the non-criminal prosecution agreement, as well as analyzing the associated penalties - the prohibition of surveillance, and the fine - and their effectiveness. We will analyze the latest precedents examined by all Criminal Law Chambers of the Court of Justice of the State of São Paulo to analyze how the new criminal legislation affects them. Finally, we will observe the position of the Federal Supreme Court in relation to the protection of animals. Therefore, we will proceed to study the (un)constitutionality of the secondary precedents of art. 32, § 1º- A of al. 9,605/98 in light of the principle of proportionality, seeking to refer to article 14,064/2020 the possibility of valid, effective, and constitutional legislation for the protection of lands and laws.