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Constitutional and Crime Law Right, Criminal Procedure: The Illegal Export of wild Brazilian animals

Country/Territory
Brazil
Type of court
National - higher court
Date
May 2, 2013
Source
UNEP, InforMEA
Court name
Supremo Tribunal Federal
Seat of court
São Paulo
Judge
Ministro Luiz Fux
Reference number
Application (Processo) No. ARE 737977 SP
Language
Portuguese (Brazil)
Subject
Wild species & ecosystems, Legal questions, Livestock
Keyword
Forest species Trade in species Biodiversity Transboundary movement of waste
Abstract

In this case, the defendant is accused of illegal exportations of exotic Brazilian fauna. Being condemned in first instance and in appealed, the defendant appealed his condemnation in front of the Federal Tribunal of Sao Paulo

The defendant alleged that the Brazilian did not have the jurisdiction to condemn him for crime that had taken place abroad.

The Federal Tribunal, admitted it has competence in judging procedural civil and criminal law but refused the appellant request. The Tribunal motivated his refusal by the fact Brazil has signed many international conventions (as CITES, CBD, Convention for the Protection of Flora, Fauna and Natural Scenic Beauty of

American countries) and it also approved the application of the precautionary principle. The Tribunal also considered that it have jurisdiction in ruling, as the violation of the public National space is a matter of national and not of international matter and therefore this Federal court can rule on it too.

The Tribunal also pointed out that violations committed against the environment are not affecting other states but Brazil and this justifies the actions of the Federal Court, maintaining the competence under internal residual and targeted jurisdiction of the state. Since the documents supporting the complaint show remittances on a large amount of animals being transported to the United States of America by airmail without authorization ,this case also  breaches federal laws regarding illegal animal commerce and traffic, cruelty and abuse of animals and damage to the country's reputation.

For all these reasons, the Court dismissed the appeal.

Full text
Constitutional and Crime Law Right, Criminal Procedure The Illegal Export of wild Brazilian animals.pdf
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