Commentary on the First Degree Judgment and the Court of Appeal of São Paulo, Brazil. Appeal nº 0017247-24.2012.8.26.0050: 16 years, 6 months and 26 days of sentence for mistreatment and death of 37 animals (cats and dogs).

Abstract

The Office of the Prosecutor filed a complaint against the alleged author of 37 ill-treatment and death of cats and dogs, as well as the use of a dangerous substance without a license. The judge of the first degree dictated the sentence where, as she did not recognize the use of dangerous product, she condemned the defendant to 12 years, 6 months and 14 days of imprisonment. The defendant lawyer and the prosecutor filed an appeal with the Court of Appeal. The Court, in turn, accepting the arguments of the Prosecutor's Office and rejecting those of the lawyer, recognized the practice of improper use of dangerous substance, condemning the defendant to one year of imprisonment for the crime of Article 56, of Law No. 9.605 / 98 (use of dangerous and controlled substance). It also aggravated the punishment for ill-treatment aggravated by death, due to the perversity of the conduct, for 16 years, 6 months and 26 days of detention for the crime of article 32, paragraph 2, of Law No. 9.605 / 98. So, added sanctions, the sentence resulted in 17 years, 6 months and 26 days of detention in semi-open regime to begin compliance with the sanctions.