A inconstitucionalidade e a ilicitude dos maus-tratos na utilização de veículos de tração animal nos centros urbanos

Abstract

The present work, inserted in the field of Animal Law, deals with the unconstitutionality and illegality of mistreatment in the use of animals pulling traction vehicles with a focus on urban centers. In this context, issues related to the constitutional aspects presented in article 225, first paragraph, item VII, of the Federal Constitution, and infra-constitutional aspects in article 32 of the Environmental Crimes Law, Law nº 9.605/1998, and in Municipal Law nº 6.677/2017. For a long time, neglect was seen in relation to the use of animals pulling traction vehicles, even in the face of regulations that prevent this practice due to the mistreatment caused by it, raising the question of how to eradicate it. Animal Law, together with animal welfare, are important for the discussion of a social, economic and legal reality, so this work seeks to contribute to the legal-social debate about the need for non-cruel means of transport to animals, with based on legislation. As methodological procedures, a descriptive study and a qualitative approach were used, carried out through consultations with legislation, dissertations, theses, jurisprudence, articles and doctrines, and a historical-critical method, because, from the analysis of the research, a comprehensive critical view of the object of discussion. It is concluded that the subject is foreseen in the legislation in the infra and constitutional scope, but it still needs the commitment of society and public power to implement public policies aimed at the abolition of cruel practices to animals.