A tutela penal e o crime de maus-tratos aos animais.

Abstract

The present study deals with the crime of animal abuse and the incidence of criminal protection as a protection mechanism for animals, linking the increase in the practice of such crimes to the ridiculous penal sanction imposed, which is not able to meet its purposes. In the short term, it is analyzed as a measure of containment to the crimes of ill-treatment, in the short term, the aggravation of the predicted penalty for such crimes and, in the long term, the awareness of the population through environmental education. For that, the deductive method was used, adopting the procedure of data collection, reading of books, journals and periodicals, bibliographical and documentary research. The criminalization of the mistreatment of animals has not proved sufficient to combat acts of cruelty against animals, in view of the recurrent practice of crimes of ill-treatment in the present day, motivated by the non-observance of the purposes of the sentence, before the disproportionality between good legal protection and the penal sanctions envisaged. As a result, the increase in the sentence imposed on the crime of ill-treatment of animals is indispensable for the repression of the offender and the intimidation of society and, consequently, for the prevention of new crimes in the short term. Also, environmental education, in the long term, is an important instrument for fostering the protection of animal rights. However, while there is no awareness of society, a long and gradual process, criminal protection, through the provision of stiffer penalties, is essential to the fight against acts of mistreatment against animals