Understand why reports of an elderly dog kept trapped on an apartment balcony constitute mistreatment
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Dog rescue due to suspected abuse leads to impasse between protectors and police Although the owners of the 14-year-old dog that was rescued due to suspected abuse in Ribeirão Preto (SP) deny the crime, they could be held responsible and lose custody of it, according to the Animal Law Commission of the Brazilian Bar Association (OAB).
Dog rescue due to suspected abuse leads to impasse between protectors and police
Although the owners of the 14-year-old dog that was rescued due to suspected abuse in Ribeirão Preto (SP) deny the crime, they could be held responsible and lose custody of it, according to the Animal Law Commission of the Brazilian Bar Association (OAB).
The case registered in the Nova Aliança neighborhood, in the south of the city, drew attention because Luck was found by military police officers trapped on the balcony of the apartment where the family lives. The complaint that the situation was recurring came from the couple's neighbors.
The president of the OAB commission, Fabiola Coelho, says that the fact that the dog remains in a small space, with deprivation of food and water, for example, already constitutes a crime, even if it has never been attacked (understand below).
"Imagine a large animal in a small space, where it needs to develop strength. Everything that brings suffering to the animal is a crime of mistreatment. People always think that a crime of mistreatment is hitting, swearing, hurting. It's not just that. It's everything that brings suffering to the animal. Deprivation of space, deprivation of food, all types of deprivation bring suffering."
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Fabiola has temporary custody of the animal until the situation is re-analyzed by the Civil Police.
The rescue generated an impasse between protectors and the Civil Police, as the delegate on duty even considered returning the animal to its owners, according to Fabiola. She was responsible for taking him to a veterinary clinic for treatment.
Negligence
Luck's health status showed a lack of care from his owners over the last few years, according to the veterinarian who treated him after his rescue. He has infections and tumors spread throughout his body, has already undergone two surgeries and is still being monitored.
The allegations against the couple began in April this year, when neighbors began to notice the long period that the dog spent outside the apartment.
According to them, the animal was often caught crying, barking and tied to a type of chain. Videos shared on social media last Sunday (31) show the animal in this situation (watch the video at the beginning).
Dog was crying on balcony, according to residents
Social Networks
Sought by g1, the Public Security Secretariat reported that, during the Military Police approach on Monday, it was found that a dog was kept in poor conditions.
"The animal was sent to the OAB's animal rights commission for veterinary examinations. Those responsible were taken to the Ribeirão Preto Legal Police Center, where appropriate measures were adopted."
The case is investigated by the Civil Police. The penalty for animal abuse can be up to five years in prison.
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In which situations does keeping the animal on the balcony constitute a crime?
According to Fabiola, keeping pets for long periods in small spaces, with deprivation of water and food, is a crime of mistreatment. To report it, it is important to have proof that the situation happens frequently, with photos, videos and even witnesses.
"People say 'but I don't want to do it, because they [the neighbors] will find out, they'll pick on me, they'll do something against me, against my family'. So, you can do it anonymously", he explains.
Also according to Fabiola, the OAB receives at least one case per day of animal abuse. Animal was removed from its owners, in Ribeirão Preto (SP), after neighbors reported mistreatment
Disclosure
How to report?
Complaints can be made by calling 190, the Military Police, 153, the Municipal Guard, the Public Ministry and also through the Electronic Police and Animal Protection (DEPA), on the internet.
Responsible for caring for the rescued dog, Dayse Ribeiro de Oliveira told g1 that the population has a fundamental role in reporting cases like the one that occurred in Ribeirão Preto this week.
"These injuries to Luck didn't start overnight. He had been suffering mistreatment, because that is mistreatment, and we only find out about it because someone reports it. People's help in reporting it is very important, because there isn't just one Luck out there. There are many Lucks out there."
What does the law say?
Since 1998, a federal law has provided for criminal and administrative sanctions, with sentences ranging from three months to five years of detention for those who mistreat animals in Brazil.
Among the most important points that constitute mistreatment are:
Abandon;
Keep in small, unhygienic places or without protection from sun and rain;
Physically attack, beat or maim;
Leave without water and adequate food;
Poison;
Do not provide veterinary assistance in case of illness or injury.
In addition to federal law, there are still punishments based on the Environmental Crimes Law. In Ribeirão Preto, the Otto e Orelha Law still exists, which came into force in March this year.
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