A influência do tratamento cruel aos animais domésticos no patrimônio cultural imaterial brasileiro

Abstract

The present study has as its aim the analysis of the cultural intangible heritage which make use of domestic animais in a cruel manner in its practices. The cultural intangible heritage of Brazilian culture, externalised by means of parties, gatherings, and rituais etc. - embracing ali forms of traditional and popular or folk culture, collective works originating in a given community and based on tradition - are protected by the Federal Constitution of 1988, making up our cultural heritage, since they are bearers of a reference to the identity, the action and the history of groups which constitute Brazilian society. The problem arises however, when these forms of folk culture, worthy of protection, imply in the cruel treatment of the animais, an act also condemned by the present constitution, as well as by criminallaw in force in the country. Such cultural acts are conflicting points relating to Brazilian environmental law, our Federal Constitution having established the right to preservation of the natural environment and culture as an essential factor for a healthy quality of life. Seeking a solution to this conflict requires not only the analysis of existing legal mechanisms in our country's law but also the definition of terms such as "culture" and "cruelty". Being an area of environmental law, as it relates to cultural heritage, and also to the question of cruelty to animais, questions which involve the interest of the whole community, this study goes beyond the conflict between culture and cruelty showing that our law as a whole is an important insight into our culture