Exportação de gado vivo no Brasil: uma proposta para garantia da regra constitucional da proibição da crueldade contra os animais sob a ótica do direito animal

Abstract

The practice of exporting live cattle has been under criticism for decades abroad and recently in Brazil, focused on the debate about animal welfare. As there is an expectation record growth of the sector in Brazil for 2019, due to the opening of new markets, this sector will face challenges to ensure animal welfare and respond to criticism from animal protection organizations. In this context, the main objective of the research is to evaluate if this practice violates the animal cruelty prohibition rule, inscribed in the final part of item VII of §1 of art. 225 of the Federal Constitution, from the perspective of Animal Law.The literature was first reviewed on scopus, web of science and google scholar, in search of the main discussions on live cattle exports in Brazil and abroad and the concepts of the new science of Animal Law. In a second stage, a documentary research was carried out in the lawsuit No. 5001511-93.2018.4.03.0000 that is being processed in TRF-3, initiated by the case of ship MV NADA, which remained docked at the port of Santos / SP in early 2018 with 25,193 thousand cattle aboard destined to Turkey and forbidden to depart. That decision also prevented the export of live animals for slaughter throughout the national territory (already suspended). In the third stage, opinions of Animal Law specialists on this trade were incorporated through the application of a structured questionnaire, with 9 statements answered by the 5-point likert scale.It has been found that this practice violates the constitutional rule of prohibiting cruelty to animals, since the new science of Animal Law considers that sentient nonhuman animals matter as individuals, endowed with their own dignity, and from this, as subjects of the fundamental right to a dignified existence, safe from cruel practices. The top 10 evidences of abuse and mortality found in the literature lead to the conclusion that there is no way to guarantee “the five freedoms” of animals in this practice because it is inherently cruel and, therefore, should be prohibited by law. The formation of an interdisciplinary working group has been proposed in order to recommend initiatives to primarily prohibit and simultaneously minimize animal abuse in this practice.The studies presented support the discussion of the live animal export practice in an interdisciplinary manner, juridical, legal, philosophical, veterinary, among others, characterizing their usefulness. Moreover, the foundations presented may contribute to the literature regarding the knowledge on the new science of Brazilian Animal Law. Finally, only one critical work was found on the live cattle export practice in Brazil, from 2008, which confirms the originality of this research and the need for further work on the subject at the economic, environmental or animal as individuals level.