THE IN(EFFICACY) OF THE SANSÃO LAW (LAW Nº 14.064/20) IN THE SCOPE OF PROTECTING THE RIGHTS OF DOMESTIC ANIMALS

Abstract

In recent years, it has been seen that legal mechanisms for environmental protection have become essential, especially for the purpose of combating the mistreatment of domestic animals. Recently, the so-called “Samson Law” (Law No. 14,064/20) was introduced, which addresses the rights of domestic animals and the punishments for offenders. The preparation of this article is justified by the theme that enters the branches of environmental, civil and criminal law, proving to be of great importance to society, to entities that aim to protect animals and to the legal sphere. The problem consists of analyzing whether the new Law No. 14,064/20, known as the “Samson Law”, will be effective and sufficient to punish its offenders with greater severity? The main objective is to understand the limitations existing in the Sansão Law, mainly in relation to the minimal penalties that are imposed. The specific objectives focus on researching the procedures adopted for animal protection purposes in Brazil. As well as evaluating the elements contained in Law 14.064/20; researching the rights and principles contained in the Universal Declaration of Animal Rights and evaluating the doctrinal and jurisprudential positions on the topic in question. As for the methodology used, it will be the deductive, descriptive and predominantly qualitative method, based on theoretical foundations contained in scientific articles, bibliographical, doctrinal and jurisprudential research.