A vaquejada como direito de manifestação cultural versus a institucionalização da violência animal: uma necessidade de reavaliação de valores fundamentais.

Abstract

The present work aims to analyze the stir between two fundamental rights provided for in the federal constitution: the right of cultural manifestation and the right to environmental balance, bringing the incompatibility of these two legal provisions when applied to the specific case in question, the vaquejada. In this context, it is assumed that such activity, considered as cultural and intangible heritage, violates Article 225, § 1, item VII of the Federal Constitution, since it promotes abuse to animals. To achieve the objectives, the hypothetical deductive approach method was used, as the comparative procedure method and as the bibliographic and documentary research technique. From these considerations, the first chapter provided a historical approach to the development of animal rights in Brazil, as well as addressing the origin and evolution of the vaquejada as a cultural manifestation. In the second chapter, an ethical analysis was made of animal cruelty, highlighting the sentient aspect of animals and their ability to feel pain, suffering and anguish. Finally, in the third chapter, the judicial dispute between the Supreme Court and the National Congress on the legality of the cowgirl was presented, as well as reports and expert opinions on the damage suffered by animals in this type of sport. Thus, even though it is a cultural activity that drives the economy in some regions of Brazil, the vaquejada is a practice that, by promoting abuse and cruelty to animals, should be curtailed, because in this case, the right to cultural manifestation should be limited by the right to environmental balance. Thus, it is concluded by the importance in changing the ethical-cultural thinking of a society, and also by the reflection on how the human being must relate to the environment and other life forms to have a harmonious and sustainable development.