Criminal responsibility for mistreatment to animals

Abstract

Animal protection has been violated for centuries due to human negligence in stopping acts of cruelty against animals and the ineffectiveness of existing rules to protect them. This is a bibliographic review in a broad sense, using journals, books, dissertations, theses and website articles, to ensure legal certainty and the realization of the fundamental right to life and dignity of animals, supported by values and rules present in national legislation. It is essential to understand the law within a problem as great as animal protection today. The general aim of this article is to describe the types of cruelty committed against animals and to highlight the ineffective application of Article 32 of Law 9.605/98, the main legal mechanism for penalizing those responsible for mistreatment. The emerging doctrinal perspective was explored, which now recognizes animals as subjects of rights, despite the fact that they are still categorized as property under the Civil Code. This theme highlights the urgency of recognizing the rights of animals, considering their condition as living beings with physical and emotional sensations. Furthermore, it emphasizes the imperative need to ensure protection and care to guarantee animal welfare, in parallel with Human Rights. Ultimately, the research seeks to promote respect for animals and defend the fundamental right to life, which is intrinsic to all forms of existence.