Federal Court Rules That Live Animal Exports Do Not Violate Brazilian Law

The Federal Regional Court of the 3rd Region (TRF-3) ruled on the 19th that the export of live animals for slaughter does not violate Brazilian law. In a unanimous decision, the judges of the 3rd Panel overturned a lower court ruling that had suspended this activity at all ports nationwide.

The decision came in response to an appeal filed by the federal government, which argued that live animal transport cannot be automatically classified as mistreatment. The Federal Prosecutor’s Office also emphasized that Brazilian regulations already establish specific guidelines for this practice.

The case was first heard in December 2023, when presiding judge Nery Júnior voted in favor of continuing live animal exports. “There is no legal prohibition on the international trade of live animals, nor is there concrete evidence that maritime transport inherently involves animal cruelty,” he stated in his ruling.

Judge Carlos Delgado, who had previously requested additional time to review the case, ultimately sided with the presiding judge. He noted that defining stricter regulations for live animal transport is a legislative matter, not a judicial one. In his view, there was no evidence that live exports, in and of themselves, constitute cruelty.

Delgado also pointed out that the lawsuit’s request was overly broad, aiming to halt live animal shipments across the entire country without conducting a comprehensive assessment. He highlighted that the case was based on the inspection of a single vessel, which was insufficient to justify a nationwide ban.

For Eduardo Diamantino, partner at Diamantino Advogados Associados and legal representative for the Brazilian Association of Zebu Breeders (ABCZ), the TRF-3’s decision was sound. “This is a structural issue, and an outright export ban would not solve the problem. Instead, it would cause significant disruptions in the supply chain,” Diamantino argued.

He also stressed that live animal exports are market-driven and already subject to strict regulations, with oversight from Brazil’s Ministry of Agriculture, Livestock, and Supply (MAPA) at every stage, along with sanitary inspections by importing countries.

The temporary ban on exports originated from a lawsuit filed by the National Forum for Animal Protection and Defense, which secured a favorable ruling in April 2023. At the time, federal judge Djalma Moreira Gomes argued that animals have rights and should receive legal protection. However, he ruled that the suspension would only take effect if upheld by TRF-3, which ultimately overturned the lower court’s decision on Wednesday.

Source: Portal do Agronegócio

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