Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Suica - Habeas Corpus | Official Diary for October 4th 2005 |
First case to consider that a chimpanzee might be a legal person to come before the court under a petition for Habeas Corpus. |
Case | |
| Revista Brasileira de Direito Animal Volume 15 |
SUMÁRIOEDITORIALHeron Gordilho………………………………………………. Doutrina Internacional/International Pappers1. ENSINANDO ÉTICA PÓS-HUMANISTA NA FACULDADE DE DIREITO: As dimensões de raça, cultura e gênero na resistência estudantil |
Policy | ||
| Revista Brasileira de Direito Animal (Brazilian Animal Rights Review) |
Revista Brasileira de Direito Animal (Brazilian Animal Rights Review)Each vol. is available as full text .pdfOnly in Original Portugese
|
Policy | ||
| Revista Brasileira de Direito Animal Volume 17 |
TABLE OF CONTENTS EDITORIAL /FOREWORDS Heron Santana Gordilho ……………………………………………….9 Doutrina Internacional/International Articles |
Policy | ||
| Revista Brasileira de Direito Animal Volume 12 |
SumÁrio
Editorial | 9
|
Policy | ||
| Revista Brasileira de Direito Animal Volume 19 |
SUMÁRIOEDITORIALHeron Gordilho……………………………………………… |
Policy | ||
| Revista Brasileira de Direito Animal Volume 9 |
Revista Brasileira de Direito Animal (Brazilian Animal Rights Review)Only in Original PortugueseTable of Contents for Volumes 1- 8
|
Policy | ||
| 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 - 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 | |
| Interlocutory Appeal No. 0059204-56.2020.8.16.0000 - Paraná, Brazil | Interlocutory Appeal No. 0059204-56.2020.8.16.0000 | In this case, the Justice Tribunal in Paraná, Brazil, unanimously overturned the lower court decision and ruled that two dogs, Rambo and Spike (appellants), had the legal capacity to be legal persons and, therefore, had standing to sue their owners, Pedro Rafael de Barros Escher and Elizabeth Merida Devai (Appellees) in a damages claim. Upon thorough examination of the validity of Decree-Law 24,645/1934, granting the Public Prosecutor's Office and animal protection entities the authority to act as legal representatives for animals, the court determined that the decree is an ordinary law (higher hierarchy than other laws), and was still in full force. As a result, animals in Brazil are explicitly endowed with the legal capacity to participate as parties in judicial proceedings by law. The judge referenced the 2005 case Suíça v. Gavazza, a groundbreaking decision where the chimpanzee, the subject of a Habeas Corpus, had passed away before the final judgment. The judge concluded that there is a discernible judicial trend towards accepting animals as legal persons with the ability to be a party in legal proceedings. Furthermore, the court stated that the Brazilian Constitution of 1988 established the principle of unobstructed access to justice, which means that every holder of substantive rights can be a party in a judicial proceeding; without this ability, such principle is ineffective and pointless. The appeal was granted, and the court ordered that Rambo and Spike maintain their role as the focal points of the lawsuit, acting as plaintiffs represented by the NGO. | Case |