THE (IM)POSSIBILITY OF PRACTICING THE SPORT OF VAQUEJADA

Abstract

Vaquejada is a traditional cultural and sporting activity in the Northeast of Brazil. However, vaquejada was recognized as a legal sport in Brazil after the approval of Constitutional Amendment 96/2017, which was enacted in November 2017. The Supreme Court, on the other hand, rationalizes that the mistreatment of animals occurs in vaquejada arenas is characteristic of the sport. From there, the following question arises: is vaquejada a popular cultural activity or mistreatment of animals? The general objective of the study is to analyze the Constitutional Amendment No. 96, which deals with the practice of Vaquejada as an intangible asset that is part of the Brazilian cultural heritage, and to investigate the measures adopted to ensure the well-being of the animals involved in the vaquejada; evaluating the recognition of vaquejada as cultural heritage and analyzing the clash of the norms by identifying Law 15.299/2013 and Direct Action of Unconstitutionality No. 4983 is against this law. Thus, the study has an exploratory character based on a bibliographic research, using the technique of analysis of publications that served as a subsidy for the realization of this investigation. Through the study, it was found that the existence of the State Law considering culture and sports is not acceptable to apply to the provisions of article 225, paragraph 1, VII of the Federal Constitution. With Law 15.299/2013 regulating vaquejada as a sporting activity, it causes a clash of constitutional norms, as the Direct Action of Unconstitutionality No. 4983 is against this law.