O IMPACTO DA LEI Nº 14.064/2020 NA PROTEÇÃO DA FAUNA: EFICÁCIA DA NORMA VERSUS VISÃO UTILITARISTA

Abstract

In Brazil, Federal Law n. 14,064 ( September 29, 2020) has changed the sanction for those who commit the crime of mistreating dogs and cats, increasing the maximum penalty to five years of imprisonment, to expand protection for these two species of animals. Based on this new Federal Law, a descriptive and exploratory documentary, bibliographical research, was carried out on the views of the Environment, particularly the anthropocentric and biocentric conceptions. The objectives were to investigate and understand the reasons behind the exclusivity of these two species receiving differentiated protection, reflection, and evolution in the State of São Paulo’s application. The results showed us a reflection of a biocentric view by increasing the penalty, thus providing greater protection to dogs and cats. Still, on the other hand, it led to the maintenance of a utilitarian and anthropocentric view of fauna - delimiting these two species, but allowing wild animals, and even other domestic animals, which mostly cohabit homes as pets - a lower degree of protection. Even so, this data proved that the increased penalty discouraged the crime of mistreatment, with a 21.30% reduction in this crime, and a 72.89% reduction in animals affected by mistreatment in the two years following entry into this Law’s enforcement. It was also concluded that the idea that mild penalties can encourage the commission of crimes against nature is reinforced