Licença para crueldade? Uma análise da potencialidade (ou não) de a Emenda Constitucional nº 96/2017 legitimar manifestações culturais cruéis aos animais

Abstract

This article aimed to verify, through an analysis of the normative content presented by Constitutional Amendment n.º 96/2017, whether it has the potential to legitimize cultural manifestations that subject animals to cruelty. The methodology advanced along the legal-dogmatic approach, while the business judgment was dialectical. Regarding data collection techniques, indirect documentation was carried out through bibliographic and documentary research. As a result, it was concluded that, based on a logical interpretation of the norm inserted by Constitutional Amendment n.º 96/2017, it was found that it does not have the potential to legitimize cultural manifestations that subject animals to cruelty, due to the requirement of legal norms that ensure animal welfare. Thus, due to this requirement, cruel practices must be rejected, since, in these cases, any rule that claims to guarantee animal welfare will only simulate protection and limit damage, without repressing cruelty, prohibited by article 225, § 1º, VII of the Constitution. However, it should be noted that, although the meaning of the text does not leave room for the validation of cruelty, this may occur if the interpretation is adopted according to the legislator who, contradictorily, understands that, even when animals are subjected to demonstrably cruel cultural practices, it is possible for legal norms to guarantee their well-being.