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Title Authorsort descending Citation Summary Type
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
Brazil - Constitution (Portuguese) - Constituiclo Federal do Brazil - Protecclo dos Animais CHAPTER VI, ART. 225

Constituiclo Federal do Brazil - Protecclo dos Animais

Statute
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
Revista Brasileira de Direito Animal Volume 14

SUMÁRIO

EDITORIAL

Heron José de Santana Gordilho……………………………………………….

 Policy
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
HOT, CROWDED, AND LEGAL: A LOOK AT INDUSTRIAL AGRICULTURE IN THE UNITED STATES AND BRAZIL David N. Cassuto & Sarah Saville Cassuto & Sarah Saville 18 Animal L. 185 (2012) Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price to the U.S. and Brazil of remedying these impacts are high, the costs to humans, animals, and the environment by failing to do so is immeasurable. Article
Brazil Lane Azevedo Clayton

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

 

Derecho animal en Brazil

 Topical Introduction

Pages