PS said this Saturday that it has been focused on making the protection of animal welfare “very clear to everyone”, demonstrating an openness to legislative change and reminding that its constitutional revision project enshrines this right.
In an interview with the Lusa news agency, Pedro Delgado Alves, vice-president of the PS Bench, responded to a prosecutor’s request to declare unconstitutional “with general binding force” a rule of law criminalizing animal cruelty.
The PS MP warned that the topic of animal welfare has this Saturday “public consensus and much more commitment than 10 or 15 years ago”, and in this context, a possible declaration of unconstitutionality will cause “some bewilderment on the part of the population”.
Faced with this scenario, Pedro Delgado Alves assured that PS is “focused” on “finding a solution that guarantees and allows this additional form of protection of animal welfare to be supported in a completely understandable way”.
In this regard, Pedro Delgado Alves mentioned that the draft revision of the PS constitution aims to “precisely leave no room for doubt that the Constitution expressly enshrines and promotes the welfare of animals.”
“There are doubts, there are different interpretations if this is the case, but, to avoid any doubt, it seems to us that it is preferable – and, in fact, there are other parties that have done the same – that the Constitution expressly provides for this subject” , he emphasized.
On the other hand, PS also shows a willingness to “keep improving” the law criminalizing the cruelty to companion animals since 2014, noting that there are those who point out that the legislation is “not defined enough, not clear enough”. “.
“It seems to us that (…) there are some improvements in the definability of certain concepts – be it the concept of “animal” or the concept of “ill-treatment”, for example – in which it is also possible for the Assembly of the Republic to do some work,” he said .
Pedro Delgado Alves recalled that there is a PAN bill on this issue, which was adopted on Friday by specialty without a general vote, obliging “to consider the proposals submitted” and, if there is “some understanding that allows us to overcome these difficulties”, demonstrating openness to their discussions.
“It’s a path that we have on the table that can also be explored. But, as I said, this may not be enough: it may even resolve some doubts, it may not resolve everything. review,” he said. .
The PAN Diploma in question proposes amendments to the Criminal Code to criminalize cruelty to other animals, not just companion animals, and to increase the penalties for abandonment or cruelty crimes.
On Wednesday, the Public Prosecutor’s Office (MP) asked the Constitutional Court to declare unconstitutional a provision criminalizing fines or imprisonment for anyone who kills or mistreats pets without good reason, according to a press release published on Wednesday. . , fair Prosecutor General’s Office.
According to the note, the request for unconstitutionality arises after three decisions of the TC on this matter.
Article 387 of the Criminal Code makes it a crime of cruelty to companion animals for the conduct of any person who, without good reason, causes pain, suffering or any other physical abuse to a companion animal (e.g. dogs and cats), a crime punishable by deprivation freedom for up to one year or a fine for up to 120 days.
Information about this initiative of the prosecutor’s office at the Constitutional Court was provided by the Expresso Online publication, which states that the plenary session of judges of the Constitutional Court will decide the fate of the law on the protection of animals, created eight years ago and targeting three decisions recognized by the Customs Union as unconstitutional.
According to Expresso, TC has already declared the law unconstitutional in serious cases, such as the case of the dog Pantufa, who died in agony after a cold-blooded caesarean section. The owner, who threw the dogs still alive into the trash, was first convicted, but then acquitted – and in another case, when the owner mocked the dog for six years.
At the request of the MP, the organization Intervenção e Resgate Animal (IRA) is holding a demonstration this Saturday in Lisbon in defense of the criminalization of cruelty to animals.
Author: Portuguese
Source: CM Jornal
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