O estado de coisas inconstitucional da produção do leite bovino no brasil

Abstract

This work aims to analyze the decision-making technique called Unconstitutional State of Affairs, originally from the Colombian Constitutional Court and later by the STF, under the Animal Law bias, verifying from this analysis the possibility of using it in favor of farm animals, more specifically of cows used for milk production. For this, we will initially present statistical data on the bovine milk industry, such as the number of cows in Brazil, the quantity of milk produced, the number of establishments, and information on the health and well-being of the cows in the management systems used, such as, for example, the reflexes of feed-based food in their digestive system and the rape resulting from forced reproduction. Then we will discuss the Unconstitutional State of Things, defining, at the end of this analysis, its assumptions. We will also address the theme of Animal Law, examining the crime of mistreatment of animals from the perspective of the criminal legal good, and, finally, we will verify the fulfillment of the assumptions of the Unconstitutional State of Affairs using data from the dairy industry, as well as the foundation of Animal Law.