A evolução da visão biocêntrica no crime de maus-tratos a animais: uma análise comparativa da lei nº 9.682/2023 do município do Salvador e o plc nº 4.206/2020 com a lei nº s6769c de Nova York.

Abstract

This is an article whose purpose is to analyze the Municipality of Salvador Law nº 9.682/2023 and PLC nº 4.206/2020, seeking to compare the wording of such diplomas with the foreign experience, specifically Law nº S6769c of New York. The objective is, from this comparison, to answer the following problem question: are the Municipal Law of Salvador nº 9.682/2023 and PLC nº 4.206/2020 an expression of the biocentric paradigm, or are they devices that reflect the anthropocentric culture? To answer this question, this work discusses the anthropocentric paradigm, its cultural roots and the evolution of the understanding of the environment and human relations with other beings, leading to the biocentric (or ecocentric) paradigm. Then, the practice of tattooing and piercing animals was verified as an expression of the availability of the bodies of the animals, from the perspective of the property view, to then verify the change of understanding for the qualification of the conduct as a crime of evil -tracts. In the end, the wording of the municipal law (Law nº 9682/2023) and the bill of the House of Representatives (PLC 4206/2020) was presented, drawing a parallel with the law of New York (Law nº S6769c) pointing out the flaws in Brazilian legislation and presenting suggestions for improving the wording, concluding that the national law is still permeated by the anthropocentric culture. Karl Popper's hypothetical-deductive method was used in this research, based on a bibliographical and jurisprudential review with a qualitative approach.