Merciless Law Sacrifices Animals in Brazil Southern State

In recent weeks many manifestations in favor of animal rights have been made through the internet and media, with regard to the Gaucho’s(1) infamous law that authorizes the sacrifice of animals in certain Afro-Brazilian cults.

Sensitive humans that have a strong opinion get very upset about this subject, as the senseless and unnecessary slaughter of defenseless and innocent animals is a hideous crime against nature. The whole of humanity is allowed to kill animals for its survival in physical matter, as long as it does not cause undue suffering to other creatures that equally have rights to exist.

Amongst the many manifestations against the sanction of this law, here are some that standout:

The Brazilian Constitution of 1988, presently in vigor and the most supreme law of the country to which all other laws are hierarchically submitted, states in respect to animals:

Art. 225 - All have the right to an ecologically balanced environment, a public asset of the people and essential to the quality of life, imposing on the State and the collective duty of the people a need to defend it and preserve it for the present and future generations.

§ 1º. It is a duty of the State to assure the right and effectiveness of this law…
VII - to protect the fauna and the flora, it is legally forbidden, the practice that puts at risk their ecological function or provokes the extinction of the species or submits animals to cruelty.

The Federal Law Nº 5,197, of January 03, 1967 decrees:

Art. 1 - Animals of any species, in any phase of their development and that live naturally out of captivity, constituting the wild fauna, as well as in their nests, natural shelters and breeding grounds, are properties of the State, forbidding their utilization, persecution, destruction, hunting or capture.

Who is going to guarantee that these animals cited in Law 5197 will not be barbarously sacrificed?

The Federal Law Nº 9,605, of February 12, 1998, states:

Art. 32 - To practice an act of abuse, bad-treatment, to wound or to mutilate wild, domestic or domesticated animals, native or exotic: Penalty - detention, of three months to one year, and fines.

§ 1º. Incurs onto those the same penalties that carry out painful experimental tests on live animals, even if the studies are destined for didactic or scientific ends, when alternative resources exist.

§ 2º. The penalty is increased by one sixth to one third, if the death of the animal takes place.

These laws are clear and unequivocal when it deals with cruelty and ill treatment to animals and they are hierarchically, much higher than the state law that permits the sacrifice of animals on the behalf of certain Afro-Brazilian cults.

To be politically correct within the XXI century, it is still necessary that protection be given to animals, because we should demonstrate a high character of human evolution and civilization, so that we are not placed far away from this concept.

The newspaper “Correio do Povo”, of Porto Alegre, in its 07/28/04 publication, published that city councilman Beto Moesch and members of the ONGS(9) had congregated with the Attorney General, Mr. Roberto Bandeira Pereira, to debate the constitutionality of this law from Rio Grande do Sul. The Public Prosecution Ministry is analyzing its legality.

The XXI century is a special time where very significant changes will take place on Earth, leading worthy humans to a higher understanding about our existence and its purpose. Man has to bequeath to his posterity a clean and worthy environment, collaborating with mother nature so that the consequences of his acts are only beneficial to the life of all the species.

With everything that was cited here, a union of environmentalists, ecologists, and common sensed people is necessary, in short, those that understand the true consequences of this absurd law, so that, in one voice and with the worthy spirit of Man, the country is shown that the right to live is the most precious thing the living species have here on Earth. It is imperious that Brazil, with its national tradition where people of all the races and all religions coexist, presents a worthy consideration with the other species that integrate within the environment of this generous land, and refuse the existence of this incomprehensible and cruel law.

José Guimarães Duque Filho

  1. Gaucho: common name used to characterize people that are born in the Brazilian State of Rio Grande do Sul. Back
  2. The Reason Back
  3. The Alliance of (Umbanda) -(African name for the spiritual rituals exercised) Back
  4. Santa Maria’s Animal Friends Club Back
  5. Rights of the Animals Back
  6. Gnomes Ranch Back
  7. Brazilian Institute of the Environment and the Natural Renewable Resources Back
  8. Sociedade União Internacional Proteção Animal (International Society of the Union of Animal Protection) Back
  9. Non Governmental Organizations Back