An unusual request could change the fate of the fifteen African giraffes that are still housed in the facilities of a resort in Mangaratiba, a municipality in Costa Verde in Rio de Janeiro. Last Thursday (19), a habeas corpus was presented in favor of the animals, so that they are immediately transferred to a place where they can stay in what was classified by the authors as a “semi-freedom system.”
The document calls for the release of animals to be started in open enclosures with a minimum area of 600m², as well as the elaboration of a sanctuary project, so that the giraffes can be safely transferred to an environment as similar as possible to their home in South Africa. .
The initiative would be funded by the BioParque of Rio de Janeiro, responsible for importing the mammals.
Signed by animal protection organizations and representatives of the Legislative Power, the request also points to the possibility of irreparable damage to the animals, since “three giraffes have already died and there are strong indications of materiality of the crime of mistreatment, as well as inadequate handling”. , says an excerpt from the order.
According to the Federal Constitution, habeas corpus can be granted whenever someone suffers or feels threatened of suffering violence or coercion in their freedom of movement, due to illegality or abuse of power. The signatories of the order claim that the wording does not limit the benefit to human beings, but to individuals who have the right to freedom.
In this case, they argue that the legal remedy is applicable to giraffes.
President of the Constitutional Law Commission of the OAB-RJ and professor of postgraduate courses in Law at the University of the State of Rio de Janeiro (Uerj), Vânia Aieta does not believe that the action can succeed, as she understands that the proposed constitutional remedy is inappropriate.
“Habeas corpus is for what hurts the freedom to come and go, it is absolutely inapplicable to animals. There have already been a series of negotiations, through criminal proceedings, and all of them were extinguished without judgment on the merits”, explains the jurist.
“On the one hand, there is the political fact, even though they, aware of the inadequacy of the procedural path, want to make the political fact and gain the appreciation of animal protectors, a very strong niche of the electorate. And there is also the attempt at some pioneering decision, as there is much being done for activism. It is a stillborn action”, says the specialist.
The Federal Public Ministry (MPF) requested the State Institute for the Environment (Inea), last week, to carry out a new inspection at the resort, in Rio de Janeiro, where 15 giraffes were seized in January this year. The environmental agency must urgently verify the current health, accommodation and general welfare conditions of the animals.
It will also be necessary to clarify the circumstances of the importation of the 18 South African giraffes and the possible mistreatment of the animals that may have caused the death of three of them.
Earlier this year, the Federal Regional Court of the 2nd Region (TRF-2) determined that the BioParque of Rio de Janeiro to build a new shelter for the 15 giraffes. When questioned, the BioParque informed through note, do not have official knowledge of the measure and that it will decide the case.
About the shelter conditions, the company stated that the animals “have never been in sheds and that they are doing well and evolving positively every day. They have access to external areas of 60 meters and 900 square meters, with progression that meets the behavioral technical standards of each individual. Acclimatization is carried out by a specialized technical team with extensive experience and validated by specialists in the management of this species.
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Source: CNN Brasil