THE LEGAL PROTECTION OF HORSES: THE ANALYSIS OF THE ENVIRONMENTAL CRIMES LAW AND ITS EFFECTIVENESS

Abstract

The purpose of this study is to reflect on the legal protection granted to horses in Brazil, in light of the Environmental Crimes Law (Law No. 9.605/1998). The research is based on the following question: although Brazilian legislation effectively guarantees protection to these animals, why do various forms of exploitation of this species still occur? The hypothesis considered is that, although environmental legislation represents a significant advancement in the Brazilian legal system, its effectiveness still faces structural shortcomings and the need for revision of legal norms, in order to ensure better cultural and social control that affects the real protection of horses. The main objective of this study is to analyze the effectiveness of the Environmental Crimes Law with regard to the protection of horses in Brazil. More specifically, it seeks to: (i) present the historical evolution of animal protection within the Brazilian legal framework; (ii) examine environmental case law applicable to the guardianship of horses; (iii) discuss practical cases of abuse, such as their use in carts and in vaquejadas; and (iv) reflect on the obstacles and prospects for making this protection more effective. The specific objectives are: to understand the historical evolution of animal protection in Brazil; to analyze the Environmental Crimes Law and its amendments; to study practical cases of horse exploitation, such as work in carts and their use in vaquejadas; and to reflect on the challenges and prospects for the effectiveness of this protection. The methodology adopted is exploratory, qualitative, descriptive, and explanatory in nature, based on bibliographic, documentary, and historical research, as well as case law analysis, using current legislation, judicial decisions, and specialized doctrine as sources. The results indicate that, although Brazilian legislation has advanced in the legal protection of animals, the effectiveness of the law is superficial and often ineffective. This is essentially due to the lack of proper enforcement, the leniency of the penalties applied, and conflicts between environmental protection and cultural and economic considerations. It is concluded that the legal protection of horses in Brazil needs to be strengthened through stricter enforcement and penalties, with the proper application of sanctions and the encouragement of cultural changes that recognize animals as sentient beings.