https://doi.org/10.37955/cs.v5i4.208
Received April, 11 2021 / Approved July, 20 2021 Pages: 52-59
eISSN: 2600-5743
Social approach based on offenses,
penalties and fines for animal
mistreatment in Latin America
Planteamiento social en base a nfracciones,
penas y multas por maltrato animal en América
Latina
Sebastián Andrés Ortega Peñafiel
Lawyer. Lecturer at the Catholic University of Cuenca, La troncal, Ecuador
sebastian.ortega@ucacue.edu.ec
https://orcid.org/0000-0002-8477-2715
María Diana Maldonado Cabrera
Master's Degree, Teacher at the Universidad Católica de Cuenca, La troncal, Ecuador.
maria.maldonado@ucacue.edu.ec
https://orcid.org/0000-0002-6904-4541
Leiner Geanella Bejarano Paz
Student, Universidad Católica de Cuenca, La troncal, Ecuador
Victoria Elizabeth Freire Goyes
Student, Universidad Católica de Cuenca, La troncal, Ecuador
Abstract
Society suffers different types of violence, among which we find the
mistreatment of domestic animals, facts that due to their nature have
remained unpunished for a long time due to different aspects such as:
considering animals as things lacking legal protection, the application
of pecuniary sanctions and light custodial sentences for the
perpetrators of different conducts ranging from abandonment to the
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death of the animal. The methodology to be used is the bibliographic
review of recent publications and documents with the different legal
norms of each country related to the subject. The method used is
descriptive-argumentative, the collection of information starts with
the use of databases, Radalyc, Proquest and Scopus. The results
obtained are shown in the table of the analysis of infractions, sanctions
and penalties in Latin America for animal abuse. The conclusions
show that animal abuse in Latin America is one of the biggest problems
facing our society, and that animals should be protected as subjects of
rights, respecting their vulnerable condition. Discussion, to prevent
and eradicate animal abuse it is not only enough to sanction norms, it
is important to educate from home, educational centers and society.
Resumen
La sociedad sufre distintos tipos de violencia, entre los cuales
encontramos el maltrato de animales domésticos, hechos que por su
naturaleza han permanecido gran tiempo en la impunidad por
diversos aspectos como son: el considerar a los animales como cosas
carentes de protección jurídica, la aplicación de sanciones pecuniarias
y las leves penas privativas de libertad para los autores de las distintas
conductas que van desde al abandono hasta la muerte del animal. La
metodología a utilizar es la revisión bibliográfica en publicaciones
recientes y documental con las distintas normas jurídicas propias de
cada país referentes a la temática. El método utilizado es descriptivo -
argumentativo, la recolección de la información parte con la
utilización de base de datos, Radalyc, Proquest y Scopus. Resultados
obtenidos constan en la tabla del análisis de las infracciones, sanciones
y penas de América Latina por maltrato animal. Con las conclusiones
se puede evidenciar que, en América Latina el maltrato animal es uno
de los mayores problemas que enfrenta nuestra sociedad, se debe
proteger a los animales como sujetos de derechos respetando su
condición de vulnerabilidad. Discusión, para prevenir y erradicar el
maltrato animal no solo basta normas sancionadoras, es importante la
educación desde el hogar, centros educativos y sociedad.
Palabras clave/ Keywords
Animal abuse, Latin America, infractions, penalties, vulnerable.
Maltrato animal, América Latina, infracciones, sanciones, vulnerables.
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Introduction
The present research work on the mistreatment of pets arises from the
need to provide free legal advice in all areas of law in an efficient,
effective and quality manner for the defense of equality, freedom, truth
and justice, as a specific objective within the Linkage Project called
Free Legal Advice and Sponsorship executed by the Catholic
University of Cuenca, Law School, La Troncal extension. Cifuentes &
Amariles (2017) in the development of this research, will analyze the
infractions, penalties and fines in Latin America for animal abuse,
violence that with the passage of time has been exercised arbitrarily
despite being considered a crime in several countries, every day is
increasing violent behavior, This kind of disrespect must be prevented
and eradicated definitively, being the co-responsibility of the State and
society, to defend the rights of those non-human living beings, but who
feel pain and suffering when they are victims of violence without any
possibility of defending themselves. Violence against domestic
animals from the starting point of natural law exempts animals as
subjects of law, this ideology has been transformed to a more
iuspositivist conception that admits that beings other than humans
may be subject to protection as holders of rights Garcia (2015).
Different important factors for the mistreatment of domestic animals,
such as: the absence of education aimed at animal welfare should be
raised with the idea of generating in society that animals should not be
mistreated (Mazas & Fernández, 2016, p.34). Impunity, lack of social
transformation processes, the absence of investigations or prosecution
of cases, generating uncertainty and distrust for citizens denouncing
violations for the protection of animals Quiroz-Guadarrama et al.,
(2013) and Estrada & Pinto (2018).
In general, animals are considered lacking in human dignity, in this
explanatory line they are understood as things, but subject to legal
protection. We must start from the abolition of property over animals
to ensure the recognition of the normative status as subjects of law
Mañalich (2018), Quiroz-Guadarrama et al. (2013) indicate that in
various movements that promote animal care as the correct education
of man and the whole society, promoting critical reflections on animal
abuse Perez (2019). There is an authentic and multidimensional
affective relationship with companion animals that is affection, both
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from humans directed to animals and from animals to humans Acero
(2019).
On the other hand, the extremist current would be the elimination of
the characteristic of appropriability on animals and, for this reason,
endow them with autonomy of rights in relation to humans, however,
this would entail industrial affectations, in legal business even in
cultural practices according to Molano & Murcia (2018) Sears et al.
(2018) in Argentina establishes the ill-treatment or hiciere victim of
acts of cruelty to animals. Acts of cruelty, these are repressed from
imprisonment of fifteen days to one year. Brazil punishes the conduct
of suppressing or altering, unduly, in the livestock or herd of others, a
mark or property code sign. With a detention of six months to three
years and a fine, and with imprisonment of two to five years and a fine.
Bolivia punishes cruel treatment and biocide with deprivation of
liberty from six months to five years. A fine of thirty to sixty days or
the rendering of services of three to six months. Chile establishes acts
of animal mistreatment or cruelty with a prison sentence of sixty to
five hundred and forty days and a fine of two to thirty Unidades
Tributarias Mensuales. Colombia typifies crimes against the life,
physical and emotional integrity of animals. It is penalized with
imprisonment from twelve to thirty-six months, special
disqualification from one to three years for the exercise of profession,
trade, office or possession related to animals and a fine of five to sixty
legal monthly minimum wages in force. Cuba punishes the acts of not
informing the sanitary authorities of cases of animals showing
symptoms or suffering from diseases susceptible of being transmitted
to other animals with a fine of three months to one year. Ecuador
typifies infractions as crimes: Injury to animals that are part of the
urban fauna. Sexual abuse of animals that are part of the urban fauna.
Death to an animal that is part of urban fauna. Fights or combats
between dogs or other animals of urban fauna. Contraventions
Regulations: Abandonment of companion animals. For Panyamang et
al. (2018) mistreatment of animals that are part of the scope of urban
fauna. In the crimes the custodial sentences range from two days to
three years and the fines are from one to ten unified basic salaries.
Contraventions are punished with community work from twenty to
one hundred hours without fine.
El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Puerto Rico
and Venezuela classify infractions as follows: minor, serious and very
serious, punishable only by fines.
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Materials and Methods
The methodology used was a bibliographic review of the different
regulatory bodies established in Latin America corresponding to the
mistreatment of domestic animals in the following countries:
Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador,
El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay,
Puerto Rico, Dominican Republic, and Venezuela.
In order to provide more value to the present research, the collection
of indexed articles from international journals in the following
databases was also used: Redalyc, Scopus and Proquest on current
trends in animal abuse. Finally, critical discussion was used with the
objective of establishing criteria on the subject to be dealt with and to
establish the infractions, penalties and fines in Latin America
established in the region under analysis; however, in spite of the
different efforts made by the States, the weaknesses are evident and
above all the increase in violence against domestic animals.
Results
After a thorough analysis of the various laws in Latin American
countries, it is evident that not all of them have specific laws for the
care and protection of animals, however, they are covered by criminal
law as crimes of public and private practice and within administrative
law.
Based on what has been analyzed in the Latin American regulations
regarding the mistreatment of domestic animals, we deduce that
although there are regulations established with the purpose of
recognizing animals' rights as living beings, thus leaving aside the
erroneous ideology that animals are not things devoid of feelings and
sensations, recognizing them as beings deserving of protection.
There is a minimum valuation towards the life of pets, since the
penalties imposed are generally light compared to those imposed for
other acts that do not involve taking a life, we should remember that
all lives matter and even more so when the one who is being taken away
is a being in a state of defenselessness.
After analyzing country by country in Latin America, it can be seen that
they have protective regulations in favor of domestic animals, it was
identified that the typification varies in the criminal field as crimes and
misdemeanors, in the administrative field are established as minor,
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serious and very serious infractions, their penalties range from a
warning, fine to imprisonment. Now, to prevent and eradicate violence
against domestic animals, not only laws are needed, the problem lies
in the culture and education of each country to consider animals as
sentient beings, not as replaceable things. On the other hand, reforms
such as in Ecuador show greater punishments to people who commit
any act against animal rights.
Conclusions
In Latin America, animal abuse is one of the major problems facing
our society. Several countries in the Region are trying in one way or
another to prevent, eradicate and, above all, punish behaviors that
violate the rights of domestic animals, as an example, the regulatory
bodies investigated establish different administrative and criminal
offenses, the former constituting minor, serious and very serious
offenses and the latter typified as public and private offenses and
contraventions.
Since animal abuse is an element that predisposes to social violence,
the State and society must work together to eradicate animal abuse
because when it is intentionally exercised by mentally unstable people
it constitutes a threat to both non-humans and humans, and we must
not be indifferent to the violation of the rights of defenseless beings
who are under our guardianship and care. Finally, we conclude by
affirming that the importance of the establishment and above all
compliance by all members of a nation of laws that protect those who
are part of this vulnerable group lies in the fact that the way in which
animals are treated by a State speaks of the moral progress that it has
constituted as humanity; respect for life in all its forms is synonymous
with greatness.
References
Steel, M. (2019). That very special relationship with dogs and with
cats: the multispecies family and its metaphors. Tabula Rasa,
32(4) 157-179. Retrieved from
https://www.redalyc.org/articulo.oa?id=396/39661317008.
Cifuentes, L., & Amariles, P. (2017). Takotsubo cardiomyopathy
triggered by the use or exposure to drugs of abuse, chemical
substances or poisons of animal origin. Revista Colombiana de
Cardiologia, 24(2), 117-127.
58
Received April, 11 2021 / Approved July, 20 2021 Pages: 52-59
eISSN: 2600-5743
Centro Sur Vol. 5 No. 4 - October - December
https://doi.org/10.1016/j.rccar.2016.05.015.
Estrada, G. E., & Pinto, D. F.. (2018). Study of the Colombian
regulatory framework for equines as blood-drawn vehicles.
Science and Agriculture, 45(4)69-80.
https://www.redalyc.org/articulo.oa?id=5600/56006346500
8.
García, M. (2015). The crime of animal abuse. The legislative
mistreatment to their protection. Journal of Bioethics and Law,
34 (3)43-53.
https://www.redalyc.org/articulo.oa?id=783/78343122008.
Mañalich, J. (2018). Animality and subjectivity. (Non-human) animals
as subjects-of-law. Law Review. Vol. 41(3), 335-345.
http://dx.doi.org/10.4067/S0718-09502018000200321
Mazas, B., & Fernández, R. (2016). The concept of animal welfare in
the Compulsory Secondary School curriculum and in science
textbooks. Eureka Journal on Science Education and
Outreach. , 45(5) 13-20
.//www.redalyc.org/articulo.oa?id=920/92044744006.
Molano Bustacara, Alejandra, & Murcia Riaño, Diana (2018). Animals
and nature as new subjects of law: a study of the most relevant
judicial decisions in Colombia. Colombian Journal of Bioethics,
13(1),82-103.
https://www.redalyc.org/articulo.oa?id=189257376004
Panyamang, A., Duangpakdee, O., & Rattanawannee, A. (2018).
Genetic structure of teak beehole borer, Xyleutes ceramicus
(Lepidoptera: Cossidae), in northern Thailand. Agriculture and
Natural Resources, 52(1), 66-74.
https://doi.org/10.1016/j.anres.2018.05.008.
Pérez, J. J. (2019). Contractualism as a foundation of implication in
moral questions about nature and the environment.evista
Colombiana de Bioética, 30(4) 69-82.
Quiroz-Guadarrama, C. D., Rojano-Rodriguez, M., Herrera-Esquivel,
J. J., De La Concha-Bermejillo, F., Romero-Loera, L. S.,
Estrada-Moscoso, I., Del Rio-Suarez, I., Morales-Vargas, J. M.,
Torres-Ruiz, M. F., Gonzalez-Angulo, J. A., Beristain-
Hernandez, J. L., Alonso-Lárraga, J., Cárdenas-Lailson, E., &
59
Received April, 11 2021 / Approved July, 20 2021 Pages: 52-59
eISSN: 2600-5743
Centro Sur Vol. 5 No. 4 - October - December
Moreno-Portillo, M. (2013). Full- and partial-thickness oral
endoscopic myotomy. Feasibility study in an animal model.
Revista de Gastroenterologia de Mexico, 78(4), 225-230.
https://doi.org/10.1016/j.rgmx.2013.08.002.
Sears, R. R., Cronkleton, P., Polo Villanueva, F., Miranda Ruiz, M., &
Pérez-Ojeda del Arco, M. (2018). Farm-forestry in the Peruvian
Amazon and the feasibility of its regulation through forest
policy reform. Forest Policy and Economics, 87(November
2017), 49-58. https://doi.org/10.1016/j.forpol.2017.11.004.
