A inefetividade da Lei n. 9.605/98 ante o crime de tráfico de animais silvestres e suas consequências no Brasil

Abstract

This work aims to study the ineffectiveness of law no. 9605/97 before the trafficking of wild animals in Brazil and addresses issues related to the theme. To this end, we seek to contextualize Brazilian environmental legislation since the discovery of the country, going through the beginnings of the first environmental protection devices, still in colonial Brazil, reaching the 20th century, when the first effective environmental protection devices began to emerge in the Brazil and also in the world. In order to have a broader view of the applicability of the law in question, the jurisprudence was verified within the regional and superior courts of concrete cases applied to the disadvantage of violators of Law 9605/98. The crime of animal trafficking has been described in the Brazilian legal system. We analyze the case of the biggest drug dealer in Brazil, Valdivino Honório de Jesus, who is one of the many cases in which the wild animal dealer uses lenient legislation to continuously and routinely practice the criminal attitude. In this case, for more than 20 years until he was convicted in two actions, with sui generis characteristics, this type of conviction is a rare case within the Brazilian judiciary.