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The legal protection of wildlife in Brazilian Law

Grant number: 15/10504-1
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): September 01, 2015
Effective date (End): December 31, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Marcio Henrique Pereira Ponzilacqua
Grantee:Lia Freitas Lima
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This research presents as a fundamental problem the legal protection of wildlife. The main objective is to make a review of the case law of the Brazilian Superior Courts, selecting judged cases from the year of the Lei de Crimes Ambientais, Law 9.605 / 98, for, through theoretical information obtained from prior reading, try to understand and explain the treatment given by Brazilian law to wildlife.The specific objectives are: a) analyze the advances and setbacks in the legal and regulatory approach concerning the fauna biodiversity protection; b) analyze the convergences and divergences among the Courts when dealing with issues concerning fauna protection; c) outline the legislative and jurisprudential compilation theme by producing an article) perform a critical analysis of the data collected by applying the method of Environmental Law Sociology.The project takes as a methodological framework Environmental Law Sociology, whose framework covers an area of interaction between theory and method of complexity applicable to the sociology of law in its environmental perspective.The research object is a set of judged cases judged by Superior Tribunal de Justiça and Supremo Tribunal Federal concerning the protection of wildlife, legislative texts wich the subject is the environmental law, in particular those related to fauna, as well as articles, books, theses and dissertations that explore the theme and give theoretical basis for critical analysis.