MISTREATMENT OF DOGS AND CATS AND THE DEFENSE OF ANIMAL DIGNITY: ANALYSIS OF THE PROTECTION OF NON-HUMAN ANIMALS AFTER LAW 14.064/2020

Abstract

The work in question deals with the protection of animal dignity after the advent of Law No. 14064/2020, which increased the penalty applicable to the crime of mistreatment against dogs and cats provided for in the Environmental Crimes Law (Law No. 9605/98). With this, the objective is to verify whether, with the enactment of Law nº 14064/2020, greater protection was granted to animal dignity in the criminal sphere, notably that which concerns dogs and cats. It was noted, primarily, that environmental law in Brazil has developed gradually over the last few decades, and that the 1988 Federal Constitution was an important milestone both for this branch of law and for the formation of animal law. Furthermore, it was found that the aforementioned normative act also assigned the Public Power the duty to maintain the conservation of the environment. It was observed that, nowadays, the animal is still seen as an asset over which property is exercised, however, there is part of the doctrine that is affiliated with its character as a subject of law, in view of its sentience. The research method used is deductive, the data analysis technique is qualitative and the research is exploratory, documentary and bibliographic. It appears that Law No. 14064/2020 was correct in increasing the penalty for the crime of mistreatment against dogs and cats, and that it does not offend the principle of proportionality and reasonableness, being a necessary instrument to curb the practice to the detriment of animals.