A Proteção Jurídica aos Animais Domésticos no Ordenamento Jurídico Brasileiro: Um Estudo acerca da Lei Federal n. 14.064/2020

Abstract

As a result of the death by beating and poisoning of a dog by a security guard at the Carrefour supermarket, inside the establishment, in Osasco / São Paulo, n. 1095/2019 was presented by Deputy Fred Costa (PATRI-MG), with the purpose of amending Law No. 9,605 / 98, namely, the Law on Environmental Crimes, to establish the penalty of imprisonment for those who practice acts of abuse, ill-treatment, hurt or mutilate wild, domestic or domesticated animals, native or exotic; as well as instituting penalties for commercial units or places that contribute to the commission of the crime. However, the initial text of PL 1095 also covered wild animals, native or exotic, and brought a penalty from 1 (one) to 4 (four) years, and a fine. After the changes, which caused the Law to be edited, the penalty was increased to 5 (five) years of imprisonment and a restriction for dogs and cats. Therefore, this article aims to clarify the following issue: What are the weaknesses and potential of Federal Law No. 14,064 / 2020. It was observed the restriction of the scope of application of the law regarding related species, which is presented as a weakness . In spite of this aspect, the legal instrument in question represents a great advance with regard to the protection of animals. In order to achieve the objectives of this work, bibliographical and documental research is used, with a focus on the applicable legislation, in particular it does not refer to the legislative procedure of the PL, in the Legislative Chamber and in the Federal Senate, to discuss the hypotheses raised.