New Law for the Protection of Animals in Portugal Closed
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Addressed to: Assembly of the Republic of Portugal
Although this Law (Law No. 69/2014) penalizes the abuse, it is still insufficient and not exhaustive. At present, in the form that it has only punishes the aggressions that an animal unjustifiably suffered and all the omissions capable of generating pain and suffering in animals remain unpunished. This omission or negligent behavior can be framed within the food shortage, subjecting an animal to the mercy of weather conditions without adequate housing, and may also be psychological abuse, where the animal clearly shows fear or aversion to objects and people. Therefore, the current legal framework leaves out a series of situations in which the animal is in conditions of suffering. So we wish that the points described below were considered:
Regarding the use of animals for entertainment / commercial purposes:
- Criminalization of begging on public roads using animals as a tool, since subjects often remain immobile for hours without respect for nature or physical needs and often as a result of psychological pressure.
- Prohibition of dog races, as they often involve or endanger the health of the animal, or the use of metabolizing substances, either by a continuous effort, often to death or disabling physical exhaustion.
- Criminalization of the breeding of "domestic" and indiscriminate animals for commercial purposes without being duly certified and licensed, with legal regulation and adequate supervision, in particular, economic activities, so that the activity is not considered, besides Unregulated and uncontrolled way of escape of taxes.
- Prohibition of the sale of animals in stores, without the qualification of the place of the animals, with updated registration number of the breeder or company authorized for such activity, entry of the animals into the store and veterinary history of the animal, with Regulation and strict supervision.
- Regulation of the sale and exchange of animals online, with a ban on unauthorized breeders.
- Prohibition of more than one annual litter, and compulsory affiliation of each litter.
- Not being considered domestic animals, however they deserve to be regulated to prohibit the use of animals for the equestrian transport of passengers or cargo, in extreme climatic conditions (cold or excessive heat). Prohibit the use of animals for equestrian transportation of passengers or cargo without rest breaks.
In terms of health care:
- The punishment for the lack of provision of primary and compulsory health care, which should include, in addition to vaccination against rabies, currently the only, compulsory internal and external deworming.
- Penalty for failure to register microchip.
For the physical local where the animal lives:
- Penalty for a lack of building and hygienic condition to house animals, which are often generating health problems for the animal and public health - shortage or lack of water, lack of hygiene of the place where, excessive exposure The sun or lack of housing in cold and humid conditions. So animals that are in good condition, healthy and protected do not transmit diseases, and that is why the health of the animal population is also reflected in public spaces.
- Permanent prohibition of an animal chained / bound permanently. Limiting your regular exercise or walking an animal often results in stressed and aggressive animals whose nature is not respected. Do not forget that human freedom, even deprived for being detained, have the right to go outside, walk and exercise every day.
In terms of criminal / criminal review
- Change the state of the animal thing to that of sensitive being. It is important to say that many families already consider their pets as members of the family, it is a life that lives with them, those who care and who have concerns, this is the nature of these animals being sentient beings. Scientific studies prove this, but the greatest evidence comes from the same animals, their cordiality, their compassion, help to give many people, even in therapy, it follows that domestic animals should not be considered mere things.
- Creation of a specific body of Justice, more aware and aware of the needs of health and welfare of animals, only then applies the Law in its entirety and with due correction. When by rule animals are not considered a priority, many cases of animals remain in the courts until the end of the term, this time often results in a worsening situations or even death of animals. By not being the priority makes the monitoring of research and decisions are less incisive.
- Sanctions of fines imposed for crimes against animals of municipal kennels or zoophilic associations.
- It is necessary to foresee the probable loss of animals by the State, in situations where there is a penalty and guilt according to the Law.
It is also important to provide for the possibility of a defendant assuming the costs of holding the animals until a new permanent owner is assigned.
The sanction of the Law that arises from the current Law, which is completely different from the countries where the penalty has existed for a longer time and where the initial provisions have already been recognized insufficient, also in our Law should be punished with more penalties Severe and punitive. If we look at the crime of omission, regulated in the Penal Code, it has been seen that it is more useful to invoke it instead of the Law on mistreatment of animals because the penalty resulting from omission is heavier than that applied by the current Law of I mistreat animals. It is important to make sense of the pet population in our country.
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