O reconhecimento de direitos para os animais e o prevalecimento da regra de direito ambiental sobre a regra de direito cultural: a (in)constitucionalidade da vaquejada como prática desportiva

Abstract

Recently the Supreme Court judged the unconstitutionality of Vaquejada, a sports practice in which it put animals in a situation of cruelty. The unconstitutionality of the Law of Ceará that regulated this practice is then considered incompatible with the Federal Constitution of Brazil. In this regard, there are two situations, the first with regard to constitutional dictates of limiting the cruel treatment used to animals as well as guidance on the protection of our environment and another band is the Principle Constitutional freedom of cultural manifestation. Despite having a supreme court decision preventing this sports practice that was held many years ago and there is also the protection of animals as a main argument, is that the law comes on the scene to try to resolve or find a balance point between these two sides. At this point we ask: Is it possible to find a balance between the environment, the animal and the norms Can one continue to put cruelty to animals under the banner of saying that we are taking forward our culture For the work, the hermeneutic method and bibliographic research were used. It is concluded that a change in the current legal status related to animals migrating to the status of subject of rights would be a possible solution to end the use of animals in sports practices.[resumo fornecido pelo autor]