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Displaying 1 - 10 of 29
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Brazil | Lane Azevedo Clayton |
Brief Summary of Brazil's Legal Structure for Animal Issues |
Topical Introduction | |
| 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 |
| 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 | |
| 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 | |
| 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 |
