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ASSOCIACAO SANTUARIO DE ELEFANTES BRASIL 1001993-45.2019.8.11.0024 This case from Brazil concerns the elephant named "Ramba." Ramba is a former circus elephant who spent more than 30 years at circuses in Chile and Argentina. On October 18, 2019, she arrived at Santuário de Elefantes do Brasil (Brazil Elephants Sanctuary) after a 73 hour trip all the way from Chile. Before Ramba was transferred, Judge Leonísio Salles de Abreu Junior, from the 1st Civil Court at Chapada dos Guimarães, the region where the sanctuary is located in Mato Grosso , Brazil, made a ruling changing her status from a mere "good." The judge prohibited the local Government from charging the sanctuary R$ 50.000 (approximately US $ 13.00) in a tax on movement of goods finding that Ramba is not a thing, and is not a subject to importation good tax. According to an article at https://www.ambientesecom.net/2019/10/24/groundbreaking-decision-of-brazilian-judge-for-captive-elephant, the judge said further, "Her position, far from being a commodity (as she was in the life of exploitation to what she was submitted to by her former owners), is now that of a guest, who seeks for a new destination on the margins of what human evil has already caused her." Attached case is in Portuguese. Case
Brazil Lane Azevedo Clayton

Brief Summary of Brazil's Legal Structure for Animal Issues
Lane Azevedo Clayton (2011)

 

Topical Introduction
Brazil - Federal Decree on Anti-Cruelty

This is a short summary of the federal decree that gives federal jurisdiction over some domestic animal issues.

Administrative
Brazil - Animal Cruelty - Decreto-lei nº 24645,

Art. 1º - Todos os animais existentes no País sno tutelados do Estado.

Administrative
Brazil - Biodiversity Treaty- Acceptance

Brazil's Ratification of the Biodiversity Treaty: Decree No. 2, dated 3/2/94,

Administrative
Brazil - Constitution (Portuguese) - Constituiclo Federal do Brazil - Protecclo dos Animais CHAPTER VI, ART. 225

Constituiclo Federal do Brazil - Protecclo dos Animais

Statute
Brazil - Constitutional Provision - Animal TITLE Vlll, CHAP. VI, ART. 225

Article 8 of the Constitution provides for legal concern about animals.(See, VII. of Paragraph 1.) 

Statute
Brazil - Crimes - Brazilian Environmental Crimes Law Law 9, 605 (Feb 12, 1998)

This law of Brazil seeks to protect wildlife and plants of the country, particularly endangered species. 

Statute
Brazil - Dogs and Cats - Sao Paulo State Law n. 12.916 (no kill ordinance) Sao Paulo State Law n. 12.916, concerning stray dogs and cats

Sao Paulo state becomes the first Brazilian state to enact a law banning the killing of stray dogs and cat as a population control practice. The law n. 12.916 was enacted in April 16, 2008. The law asserts that animal control agencies shall work together with non-profits and other organizations to reach the law’s objective which is the sterilization of domestic animals as a form of population control, to establish adoption centers, and to put forward adoption programs for stray animals. In addition, the animal control agencies shall promote educational programs about responsible pet ownership.

Statute
First national report for the Convention on Biological Diversity - BRAZIL Brazil Ministry of Environment This is Brazil's first national report for the Convention of Biological Diversity. The report explains the balance between the interests of countries, which are sources of, and conserve, biological diversity (Brazil and other tropical countries) and the nations that are principally users of such biodiversity (the industrialised countries, consumers of the products of biodiversity and of genetic resources for their biotechnological development). Article

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