Uma análise comparativa da tutela penal de maus tratos contra animais.

Abstract

This study proposes to carry out considerations on Animal Law, bringing to the fore foreign laws that serve as a legal framework and represent legal advances on the subject. For that, it is necessary a historical contextualization to situate the evolution of the legal institutes in the course of time. The general objective is a legal-normative-comparative analysis about the crimes of mistreatment against animals, having as legal ballast in the Brazilian legal system, which will be put before foreign repressive legal instruments and institutes, which deal with the same theme, to that there is an investigation of the punitive mechanisms of the State and their effectiveness in the face of the offenses committed, covering not only the repressive effect, but also the general preventive effect of these imposed sanctions. The research was developed through a bibliographical research that is elaborated from material already published, therefore, readings were carried out in search of collecting data and information used in the comparative study allowing the analysis of legislation in the scope of animal protection in several countries. This course conclusion work was divided into four chapters to achieve the proposed objective. The first chapter is a historical approach to Animal Law. The second chapter deals with Brazilian legislation in defense of animals. The third, on the other hand, demonstrates the role of Criminal Law with animals. Finally, the fourth chapter makes a comparative study of the legal protection of animals in the global scenario. We have seen that legislation and movements in defense of animals have been improving and evolving over time, in the legal scope it is still not enough, still needing changes in social structures to think about fairer actions towards animals, offering policies that think on your needs and interests. Animals are a legal reality and, even if in most countries their protection is reduced, the simple fact that they are included in the laws is already positive, as there is the possibility of improvements in their level of protection and recognized rights. The trend for the future seems to be a growth of the culture of animal protection in societies, which, in turn, will increasingly be reflected in more comprehensive laws that will serve to protect animals more effectively.