Direito dos animais e as práticas culturais que os submetem a crueldade: uma análise da Emenda Constitucional n.º 96/2017

Abstract

The present work was analyzed as tensions generated by the edition of Constitutional Amendment No. 96/2017, notably the conflict between the prohibition against animal cruelty and the protection of cultural practices. Based on the deductive scientific method, we sought to study, come up with, the vision of the animalist movement on the condition of non-human animals, going through the underlying philosophical theories that underlie it. In addition, the legal status of non-human animals was descriptively investigated in comparative legislation and in the Brazilian legal system. Thus, through a qualitative, bibliographic and jurisprudential analysis, the impacts that the aforementioned constitutional reform caused were analyzed. Thus, it was thought that such an amendment, in addition to contradicting the constitutional interpretation of the Supreme Federal Court, restricted fundamental rights, treated as a stone clause implicit in our constitutional system, by modifying art. 225 of the Constitution, which deals with the fundamental right to an ecologically balanced environment, violating the principle of the prohibition of retrogression by exceeding the limits of the power of reform of the Constitution.