A INCONSTITUCIONALIDADE DA VAQUEJADA SOB A ÓTICA DA JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL

Abstract

The present work has as its theme the unconstitutionality of the “Vaquejada” from the perspective of The Supreme Court (STF). Thus, we seek to analyze the possibility of limiting cultural events in favor of protecting animals against cruel practices within the scope of the jurisprudence of the Supreme Court. A qualitative, exploratory, bibliographic, documentary and jurisprudential research was carried out. Still, the method of inductive approach and the method of monographic procedure were used. Of all the decisions analyzed, it appears that the ox spree, the cockfight, the “vaquejada” and recreational hunting are not sports and cultural practices compatible with the CF/88, because in all cases has been demonstrated, the violation of human dignity, in a anthropocentric view, and the damaging of the dignity of non-human animals, in a biocentric bias, through violent practices that overflow with mere cultural, leisure or sports practice. Furthermore, urges to emphasizeboth that the right to a balanced environment and the right to culture are based on solidarity, so one cannot forget that cruel practices against animals influence the balanced environment, human dignity and even health, and without them, it is not even possible to enjoy cultural activities, leisure and entertainment. Thus, it appears that, even with the edition of the Constitutional Amendment 96/17 and the Law 13.364/16, the result of congressional activism, the practice of “vaquejada” is unconstitutional, because it violates the fundamental right’s core to a balanced environment.