The 2nd Public Law Chamber of the Court of Justice of São Paulo annulled an administrative act that ordered the removal of a pig and a small goat from the residence of a resident of the city of Votuporanga, in the interior of the state (São José do Rio Preto region). The information was released by the Court of Justice of São Paulo (Appeal 1009102-74.2023.8.26.0664).
The inspection procedure took place under the allegation that the conduct of the goat and pig’s owner violated Municipal Law No. 1,595/77, which provides for restrictions on traffic and raising of animals in urban areas of Votuporanga.
In the understanding of the designated rapporteur, judge Carlos Von Adamek, the prohibition applies to the breeding of animals for commercial purposes, ‘which is not observed in the present case’.
“As can be seen, the purpose of the rule is to prevent the commercial breeding of bees, horses, mules, cattle, goats and sheep in urban areas. However, since it is undisputed that the animals in question are not for commercial breeding, but rather for the plaintiff to keep as pets, the application of the aforementioned municipal rule is unfeasible, since it deals with a situation different from that dealt with in the proceedings,” decided Carlos Von Adamek.
The rapporteur highlighted that ‘the rules relating to pets must be observed’.
“Obviously, it is the responsibility of the complainant (owner of the goat and pig) to observe municipal hygiene guidelines, and may be held liable for the bad smell caused by his animals,” warned the judge.
Von Adamek noted, however, that it is ‘disproportionate to remove the animals from the plaintiff’s life, given the emotional bond created with them, as attested in a psychiatric report, and without forgetting the suffering imposed on the animals by the separation, as they are domestic and it is not known where they will be taken’.
Judges Maria Fernanda de Toledo Rodovalho, Claudio Augusto Pedrassi, Renato Delbianco and Luciana Bresciani completed the panel. The decision was made by majority vote.
Source: CNN Brasil
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