Rooster fighting, animal rights and the environment for the brazilian federal supreme court – a review of the adi 1856/rj

Authors

  • Carolina Carneiro Lima Escola Superior Dom Helder Câmara
  • Beatriz Souza Costa Escola Superior Dom Helder Câmara

DOI:

https://doi.org/10.5433/1980-511X.2015v10n3p91

Keywords:

unconstitutionality, rooster fighting, animal welfare, cruelty, human dignity.

Abstract

The present paper realized an analysis of the articulated issues and the decision rendered by the Supreme Court in ADI 1856/RJ that discusses the legal validity of the Law enacted by the state of Rio de Janeiro that regulates the practice of the rooster fighting. The standard was declared unconstitutional by the reason of the cruelty, which is subjected the combatant race birds. The decision had as a parameter the principle of human dignity and the constitutional determination that the environment must be protected by the government and by the community. The study is realized under the anthropocentric conception. The goal is to analyze the issue of cruelty against the animals and the protection of the man against the loss of their own dignity with violent actions. For the study, the deductive method was used, by the means bibliographic search to answer the problem that has its heart in reason to protect animals from cruel acts.

Author Biographies

Carolina Carneiro Lima, Escola Superior Dom Helder Câmara

Graduated in Law by PUCMinas, Public Law expert with emphasis on Constitutional Law at the Candido Mendes University and Master's degree in Environmental Law and Sustainable Development by Dom Helder Camara School. Email: carolcarneirolima@yahoo.com.br

Beatriz Souza Costa, Escola Superior Dom Helder Câmara

Master and Doctor in Constitutional Law from UFMG. Associate Dean of Research of Dom Helder Camara School. Graduate teacher and Postgraduate Master's Course in Environmental Law and Sustainable Development ESDHC.

Published

2015-12-18

How to Cite

Lima, C. C., & Costa, B. S. (2015). Rooster fighting, animal rights and the environment for the brazilian federal supreme court – a review of the adi 1856/rj. Revista Do Direito Público, 10(3), 91–118. https://doi.org/10.5433/1980-511X.2015v10n3p91

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Section

Artigos