Lisbon receives demonstration today for the criminalization of animal abuse

Lisbon receives demonstration today for the criminalization of animal abuse
Lisbon receives demonstration today for the criminalization of animal abuse

The organization Intervenção e Resgate Animal (IRA) promotes today, in Lisbon, a demonstration in defense of the criminalization of mistreatment of animals, after the Public Prosecutor’s Office asked for the unconstitutionality of the rule that provides for this criminalization.

The protest, which has the support of the PAN – People–Animals–Natureza party, which will be represented by the spokesperson and sole deputy, Inês Sousa Real, starts at Marquês de Pombal and ends at Rossio, passing by the Constitutional Court (TC ).

To Lusa, the president of the IRA, Tomás Pires, said that the demonstration, in which at least 10 thousand people are expected, aims to “show the indignity” and the “non-acceptance” of the country moving to a phase in which “there is no censorship”. to violence against animals” or “legal consequence for the same”.

On the social network Facebook, the IRA announced that it intends to “make as much noise as possible”, having asked participants not to take their pets with them, and criticized the “indescribable silence” of the President of the Republic, Marcelo Rebelo de Sousa , about the subject.

The Public Ministry with the Constitutional Court asked for the declaration of unconstitutionality of the norm that criminalizes with a fine or imprisonment anyone who, without legitimate reason, kills or mistreats pets, according to a press release released on Wednesday by the Attorney General’s Office.

According to the note, the request for unconstitutionality arises after three decisions by the TC in this regard.

According to the Expresso newspaper, the TC had already declared unconstitutionality in serious cases, such as that of the dog Pantufa, who died in agony after being subjected to a cold-blooded cesarean section.

The owner, who threw the dogs still alive in the trash, was convicted in the first instance, but later acquitted.

According to the weekly, the TC argues, namely, that article 66 of the Constitution, which protects the Environment and Quality of Life, cannot be invoked for the protection of companion animals, such as dogs and cats.

“Article 66 does not protect animals as such, in a way that allows them to be understood as ‘individuals’, but protects them only to the extent of their relevance to the environment as a whole”, says the judgment cited by Expresso .

Article 387 of the Penal Code typifies as a crime of mistreatment of companion animals (for example, dogs and cats) the conduct of anyone who, without legitimate reason, inflicts pain, suffering or any other physical mistreatment, with the crime to be punished with a prison sentence of up to one year or a fine of up to 120 days.

In case of death of the animal, “deprivation of an important organ or member” or “serious and permanent impairment of its ability to move”, the penalty can be imprisonment of up to two years or a fine of up to 240 days.

On Wednesday, Expresso said that the plenary of TC judges is preparing to decide the future of the animal protection law, in force for eight years and the subject of three decisions declared unconstitutional by the court.

This law, from August 2014, adds three articles to the Penal Code, criminalizing the abandonment and mistreatment of companion animals.

The PAN, which considers that it is unconstitutional to mistreat an animal, announced on Thursday that it will present a new proposal to amend the Penal Code.

The party defends, in a 2022 bill that was sent to the specialty committee on Friday, the increase in the “maximum limits provided for fines for crimes of mistreatment and abandonment of animals, as well as prison sentences for the death damage”.

According to the PAN, the death of an animal must be punished with a prison sentence of six months to three years (instead of two years) or with a fine of 60 to 360 days (instead of 240 days) and the abandonment with a fine of up to 90 days (instead of the current 60).

A public petition “in defense of the law that criminalizes the mistreatment of animals”, and the inclusion of the protection of animals in the Constitution, has already collected more than 71 thousand signatures.

ER (FC/JF/TA) // FPA

The article is in Portuguese

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