PROPENSA MODIFICAÇÃO DA NATUREZA JURÍDICA DOS ANIMAIS DOMÉSTICOS DE ESTIMAÇÃO NO BRASIL E POSSÍVEIS IMPLICAÇÕES NOS CRIMES DE FURTO, ROUBO E RECEPTAÇÃO

Abstract

This work deals with the likely change in the legal nature of domestic pet animals in Brazil, given the existence of legislative proposals that aim to change their status quo, as a “thing”, with a view to answering the possible implications of the change in animal crimes. theft, robbery and receiving, since these criminal types have the “thing” as the object that suffers criminal conduct. Thus, the objective was to identify the current legal nature of animals, analyze the proposed laws that seek to change it, verify how the Judiciary, in precedents, has viewed animals, whether in a patrimonial way or adopted a different legal nature and point out the implications of the change and possibilities of treatment in the crimes proposed in the article. The methodology used was qualitative research, with a bibliographic type and legal-exploratory research. As a result, it was verified that the modification, in the form intended by law, would cause atypical conduct practiced against domestic pet animals, as a result of violating the principles of legality and taxation. Furthermore, criminal adjustments could occur, and it is important that it occurs simultaneously with the criminal sphere, but outside the Penal Code, because if it were there, animals would continue to be kept in the chapter that protects property. Therefore, it was concluded that the modification is necessary, indicating that the new types should describe the punishability of the verbs of the crimes of theft, robbery and reception with the specification that such conduct be practiced against domestic animals subject to depersonified rights, to be included in the Environmental Crimes Law or new extravagant legislation.