The intervention of criminal law in the crime of animal trafficking and the role of environmental education

Abstract

The Brazilian Constitution prohibits practices that endanger the ecological wellbeing of animals, such as provoking the extinction of species, trafficking of wild animals and animal cruelty. Such activity generates innumerable and inhumane imbalances in the environment, affecting and forever violating an animal’s dignity. Furthermore, law no. 9.605/98, whilst regulating environmental protection, is ineffective in actually protecting it. Additionally, the Brazilian population does not have an eco-friendly culture, especially amongst the poorest, where healthy environmental practices aren’t disseminated effectively. Unfortunately, the problem of trafficking still persists in Brazilian society, damaging the environment, its fauna and the surrounding community. All in all, the objective of this study is to analyze the systematics of the crime of trafficking of wild animals in conjunction with Brazilian legislation, which tries to prevent it, under the guidance of Brazilian Constitutional Charter. Moreover, given the cultural nature of this practice, environmental education is an important way to curb this type of crime. Finally, the changing position of the judiciary is important in interpreting environmental norms until Congress can enact laws to better regulate this theme.