A proteção da fauna e os maus tratos contra os animais: uma leitura sobre o direito animal na legislação, na jurisprudência e na mídia

Abstract

This article aims to analyze the effectiveness of animal protection devices, more specifically the article that prohibits mistreatment against them. The reasoning outlined is that because it is a term with broad meanings, situations that escape this protection are allowed depending on the moral understanding of the judge. In this context, I am able to find out how the media is capable to influence the application of existing devices that prohibit mistreatment of fauna. The perception is that when referring to public cases involving animals, the concern is greater and there is, in fact, care for their well-being. Through readings and with support, above all, in the thought of Heron José de Santana Gordilho in his work “Abolitionismo Animal”, I consummated at the end of this article the hypothesis that the punishment for the crime of mistreatment is indeed problematic. For being an indeterminate concept, as I show throughout the text, the judgment relays on the judge's perspective and also on a collection of evidence that gives some meaning to an act such as mistreatment an animal.