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The Brazilian Federal Supreme Court (STF) will decide on municipality ban of foie gras

03/09/2020

The Brazilian Federal Supreme Court (STF) will decide whether the law of the municipality of São Paulo (SP) prohibiting the production and sale of foie gras (goose liver pâté) in local commerce is constitutional. The matter, related to the municipal competence to issue an animal protection law, will be discussed in the Extraordinary Appeal (RE) 1030732, which had general repercussion recognized in a virtual session (Theme 1.080).

In a lawsuit filed by the National Association of Restaurants (ANR), the Court of Justice of São Paulo (TJ-SP) ruled as unconstitutional the municipal Law 16.222/2015, edited with the purpose of increasing the protection of animals, because it understands that the legislative action of the municipality is limited to matters of local interest or supplementary to federal and state legislation. For the TJ-SP, the municipality cannot prohibit, in a broad and general way, the commercialization of a certain product, interfering directly in its production and consumption.

Protection

In its appeal to the STF, the municipality of São Paulo states that the law aims to suppress cruelty practices to animals and that the municipal federative body is competent to legislate on the protection of the environment. According to the argument, the prohibition of the production and marketing of foie gras are matters of local interest, because São Paulo is the largest consumer center of these goods in the national territory.

PR/AS//CF - CG/FB/GL

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