MISTREATMENT OF DOMESTIC ANIMALS: A CONSTITUTIONAL ANALYSIS AND COMPARISON WITH THE PENALTIES FOR THE CRIMES OF MISTREATMENT AND BODILY INJURY IN THE LIGHT OF THE PRINCIPLE OF PROPORTIONALITY

Abstract

This article sought to analyze the penalty provided for the crime of ill-treatment of domestic animals, introduced by Law No. 14.064/2020, known as the Samson Law, from the perspective of the principle of proportionality and constitutionality. The research establishes a comparison between the sanctions applied to this crime and those provided for crimes of bodily injury and ill-treatment of human beings. Using a qualitative approach and a bibliographic method, the study investigates the legal and social foundations of the Sansão Law, which amended Law No. 9.605/1998, increasing the penalties for ill-treatment of dogs and cats, in addition to a fine and a ban on custody. Despite criticism from legal circles pointing to the possible unconstitutionality and disproportionality of the penalties, the paper concludes that the increase provided for in the new law is compatible with the legal system. While the penalties for bodily injury and mistreatment of humans need to be reviewed and updated to reflect social and legal advances, the penalties for crimes against domestic animals, although severe, are justified by the growing appreciation of animal rights and the need to guarantee their effective protection.