THE CONFLICT BETWEEN ANIMAL PROTECTION AND RELIGIOUS FREEDOM: ANALYSIS OF EXTRAORDINARY APPEAL 494.601

Abstract

This article aimed to conduct a case study on Extraordinary Appeal No. 494,601, filed by the Public Prosecutor’s Office of the State of Rio Grande do Sul and judged by the Federal Supreme Court, following the rejection of Direct Action of Unconstitutionality No. 70010129690 by the Court of Justice of the State of Rio Grande do Sul. The objective is to analyze the judgment of the aforementioned Extraordinary Appeal and Direct Action of Unconstitutionality by tracing the entire legal proceeding and listing the arguments presented by the Public Prosecutor’s Office of Rio Grande do Sul and the judges responsible for adjudicating the matter, identifying the main arguments they employed and outlining the broader context of the case. It was concluded that the right to religious freedom was upheld and, nonetheless, balanced with the right to animal protection.