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Rule that prohibited all types of hunting in SP is unconstitutional

09/07/2020

The Plenary of the Brazilian Federal Supreme Court (STF) partially upheld the Action for the Declaration of Unconstitutionality (ADI) 5977 to allow, in the State of São Paulo, the modalities known as control hunting and scientific hunting. By majority vote, the collegiate declared the partial nullity of article 1 and the unconstitutionality of article 3 of State Law 16.784/2018, excluding from its incidence the collection of harmful animals and the collection for scientific purposes, hypotheses already provided for in the National Law for the Protection of Fauna (Law 5.197/1967).

Protection

In the virtual session closed on June 26, the majority of Justices followed the vote of the rapporteur, Justice Ricardo Lewandowski, who stressed out that control hunting and scientific hunting are aimed at rebalancing the ecosystem and its protection, provided they are properly controlled. The Justice explained that Article 3 of the state law, by allowing population control, management or eradication of species declared harmful or invasive, provided that the measure is taken by government agencies, is in line with national policy on control hunting, because it prevents individuals from acting in the face of the risks brought by harmful species.

Invasion of competence

Regarding the national policy of collecting animals for scientific purposes (scientific hunting), for the rapporteur, there was an invasion of the competence of the Union, considering that the matter demands national and uniform treatment. For the Justice, the rule created no exceptions to this type of hunting, authorized by the National Law for the Protection of Fauna.

SP/AS//CF - CG/FB/GL

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