News

Brazilian Federal Constitution

So that it occurs a typical fact is necessary that a behavior acts fraudulent or guilty human being. Environment, in turn, is the area where the animals live, being definite still environment for law n 6,938/81, art. 3, I, as the set of conditions, laws, influences, alterations and interactions of physical, chemical and biological order, that allows, shelter and conduct the life in all its forms. Thus, ambient crime is any damage or damage caused to the elements that compose the environment, protected for the legislation. With the entrance in vigor of law 9,605 of (law of the ambient 13/12/98 crimes) Brazil gave a great step in the protection of the environment. According to article 225, VII of the Brazilian Federal Constitution: ' ' it charges to the public power to protect the flora and the fauna, forbidden, in the form of the law, the practical ones that they place its ecological function at risk, they provoke the extinguishing of the species or submit the animals to crueldade' '. They constitute crimes against the fauna, as law n 9,605/98, articles 29 the 37: To kill, to pursue, to hunt, to vender, to display for sale, to export, to have in captivity specimens of the wild fauna without the had permission, whose penalty is reclusion of six months to one year and fine, and the penalty it will be increased of the half if the crime will be practised against species rare or threatened of extinguishing; to export to the exterior, skins of amphibians and reptiles, without legal authorization, whose penalty is one reclusion the three years and fine; to practise abuse act, maltreatment, to wound or to mutilate, to carry through painful or cruel experience in wild animals, whose penalty is of reclusion of three months to one year and fine; to provoke, for the emission of effluent or shipment of materials, the extinction of species of the aquatic fauna, whose penalty is of one detention the three years and fine. .