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Angie Vega (2018)

Derecho animal en Peru

Peru is a country located on the western side of South America. With the Amazon Basin, Andes Mountains, the Pacific coast, and arid plains, it is considered one of the most diverse countries in the world.

Peru is a democratic republic divided in 25 regions. The government is divided in legislative, executive and judicial branches. Peru is a civil law country. The Constitution of 1993 is the supreme law, followed by international treaties, and then domestic legislation. The judicial branch interprets and applies the domestic legislation, and judges are not obligated to follow judicial precedent. Courts collect the evidence to decide the cases. Peru's justice system does not include a jury in their trials. The trials are controlled by the judge, who has a more active role than judges in common law countries. However, every defendant is innocent until proven guilty.

The constitution of 1993 established the right to a healthy, balanced, and adequate environment. Although the constitution does not address animal protection directly, it establishes that all citizens have the responsibility to protect and conserve the landscape and nature. In the civil code, animals have the status of "acquirable assets." Animal owners and keepers are responsible for the damages that animals may cause unless it is proven that a third party was at fault.

The criminal code treats animal cruelty as a misdemeanor, punishable with up to five years of imprisonment when the animal dies as a consequence of the cruelty or abandonment.

Ley 30407 is the statute of animal protection and welfare. This law grants all vertebrate domestic and wild animals kept in captivity the status of sentient beings. It sets guidelines for the protection of vertebrate domestic and wild animals kept in captivity from abuse and cruelty, whether those acts were caused directly or indirectly by humans. Bullfighting, cockfighting, and other activities declared of cultural importance are considered exceptions to the duty of animal protection, as is animal experimentation and research done in compliance with the law.

Producers of food for animal consumption may be punished with up to one year of prison and fines when they endanger the life, health, or integrity of animals by selling products not up to standards. The criminal code also considers certain acts against an animal "an act against good practices," where the actor has committed certain cruel acts against an animal or manifestly subjects an animal to excessive work or mistreatment.

Go back to Animal Law in Latin America.

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Ley 30407, 2015: Ley 30407 is the statute of animal protection and welfare. It sets the guidelines for the protection of vertebrate domestic and wild animals kept in captivity and against abuse and cruelty caused directly or indirectly by humans. This law also promotes respect for the life and well-being of animals through education as well as the participation in the promotion of animal protection of entities of the public and private sector. Some of the topics that this law regulates include: responsibilities of society and the government towards animals; protection, possession and handling of animals; animal research and experimentation; and euthanasia of companion animals and wildlife kept in captivity. Ley 30407 has 36 articles in 8 chapters. As a result of its promulgation, the previous animal welfare act, together with Article 450-A of the criminal code, were repealed. Bullfighting, cockfighting and other activities declared of cultural character by authorized authority are considered exceptions to this law.

Resolución Legislativa 26181, 1992: This legislative resolution adopts the Convention on Biological Diversity signed in Rio de Janeiro in June 5, 1992. The CBD strives for the conservation and sustainability of biodiversity and its components.

Decreto Ley 21080, 1975: This Decreto Ley approves and adopts the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) into the Peruvian legal system. The main purpose of this international agreement is to ensure that international trade of specimens of wildlife does not pose a threat to their survival.

LEY 9147, 1949: This law declares government protection over all the wild species of animals that are within the national territory. It also prohibits the hunting of vicuña, chinchilla and guanacu species.

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