P a g e |1 introduction in the last 30 years of his life to the public, that is imbued with a sense of the change and of the non-conformity, I'm fully committed to environmental causes and animal welfare. .
P a g e |1 introduction in the last 30 years of his life to the public, that is imbued with a sense of the change and of the non-conformity, I'm fully committed to environmental causes and animal welfare. The pioneering spirit of the first initiatives was transformed in a succession of achievements over the past year, for a lifetime. During this period I have been involved with, and I've watched the growth of the levels of respect, and ethics that come up with reasons for the social work, law, the role of the government and the strengthening of the non-profit sector, of civil society, in favour of the environment and our wildlife, domestic, domesticated, wild, native, and wildlife, exotic. For the protection of animals and the need to support the principles of the science of animal well-being, are now issues of the whole nation, and that the curve of the recognition of animal rights in and to the sentient animal, defined as the ability of the animal is not a human being with feelings, feelings, physiological responses, physical, and mental well-being. But, in defense of animals, it depends on the strategy of technical know-how and brave fight. These requirements are similar to those that drive with the dedication of the work is that of the numerous protective and independent associations for the protection of animals across the country. The partnership that was established between the Movement for the Protection of animals, and to my office, when, by the daily actions, in defense of animals which appear in the test, there is a need to build on the key parts of the legal and administrative provisions, to take advantage of such circumstances. And in answer to the requests on a daily basis, I get up, I decided to prepare with the Manual of the Legal Protection of the Animal, and provide templates for crafts, news, crime, legal representatives, civil action, by-laws, and others, as needed, to direct the activities of the supporters of the animals. Care to point out that the pieces can be used for the protection of the animals, in many cases, and it is not only for those which are suggested in the models, by way of illustration. It is with pleasure that I conclude this guide to know how helpful it will be to fight for the preservation of our biodiversity, and the protection of the animals. Well done to all of you! In a fraternal embrace, Ricardo Tripoli, the Deputy of the Federal Coordinator for the Wildlife in Front of the Parliamentary Environmental Congress table of Contents 1. 3 2. Ill-treatment of Animals in procedures and the action of 4 to 2. 1. What do I need to report a crime, 4 and 2. 2. How to get the animal to a location to which you are a victim of ill-treatment, 4 and 2. 3. The law on Environmental Crimes and the enforcement of sentences of 5 to 2. 4. The bill 2833/2011, and the punishment of the one who commits the crime
P a g e |2 from dogs and cats is 5 to 2. 5. The model of the News of the crime to the Police 6 2. 6. A model for the Representation of the Public Prosecutor for 7 to 3. The Right of Representation in the 8 to 3. 1. A model for the Representation of the Public Prosecutor of 9 is 3. 1. 1. The circus – an activity that is entertaining, which is contrary to the Code of the State of Protection of the Animals in the 9-4. What is a Civil Lawsuit? 11 4. 1. A model of a Civil Action for filing by the Association for Animal welfare 12 4. a. 1. 1. Leg's detour, teams, and was active in the entertainment detrimental to the animals in the 12-5. The creation and sale of dogs, cats, 17 and 5. 1. Template of an Application to the Family in the City of São Paulo, 18 and 6. State Hospital, Veterinarian and request for implementation in the municipality of 19 to 6. 1. Template of a Letter to the Mayor of the municipality of 20 and 7. The program to Control the Population of cats and dogs 21 to 7. 1. Template for the Office of the Municipal Secretary of Health of 22 to 8. The program for the Protection of the Wild Fauna of 23 to 8. 1. Template of a Letter to the Secretary of State for the Environment, the 24-9. How to constituiruma the association for the protection of animals (25 to 9. 1. The role of the third sector in the 25 to 9. 2. For that to be an NGO, a 25 to 9. 3. All documents are required, the 26-9. 4. The registration of the Statute, the 26-9. 5. Useful Information The 26-9. 6. The model-of-the Statute of 27 to 10. The adoption of Pets 34 10. 1. Every animal is fit to be adopted? 34 10. 2. Every person or family is unable to adopt a pet? 34 10. 3. The adoption imposes duties and obligations on you! 34 10. 4. Adoption is an act that's so cool! 34 10. 5. The withdrawal of the adoption of ill-treatment, and the return of mandatory 35 10. 6. Where to adopt from 35 to 10. 7. Adoption is the only " dogs and cats! 35 10. 8. Template of a Term, the Adoption of, and Responsibility for the 36-11. The right to property, however, you can make it in the apartment and the residence of the 37 11. 1. A model for the Declaration of Non-Harassment – Office 41 11. 2. A model for the Declaration of Non-Harassment – Apartment-42 12. The addresses and Useful Information in the 43-INTRODUCTION to THE legal defense of animals, it depends on the knowledge of the instruments and of the means to correct, combined with a strategic analysis of the conduct of that, if you want to take. That is to say, for example, that in a city that is released when the circus that you want to display the animals, you need to check first if there are, and what they foresee in the legislation, the municipal, the state and federal matters. Maintain constant contact with the municipal departments and agencies of the city government will also be útilneste the moment, so that it can be indagados to any permission to run. In any event, the public will also involve a number of factors, including the consent of the fire department's oversight of the surveillance or inspection of the animal health, etc. The verification of the fulfillment of these requirements will help to strengthen the arguments for and against the installation of the show. Whatever the case may be, if there is a prohibition set by the law, and to require the prevention of the activity or practice that it will be easier for you.
P a g e |3 And for administrative purposes (which would require, for the office, in the city don't get a result, apply for a court-will be the next step. At this stage, prior to the protocolizar is a Representation of, or the prosecution of a Civil Action, and if so, if you understand the best course of action, should be considered if you are looking for, before the public prosecutor (Prosecutor) in order to discuss the matter. This will be the speed of the process in the future. It is necessary, also, to keep track of your progress, regardless of the action taken. Thus, for the same demand, it may be necessary for the adoption of various behaviors, and the use of various legal instruments, as proposed in the Manual. The other type, and often a manifestation of a popular or a request for a hearing, and a good oral argument they can to resolve the issue, depending on the level of access they have to your company's management. For this reason, to study strategically, how to act, it is very important to you. It is important to remember, too, that the sphere of the court will be seen as a last resort, to be chosen, when you in any other way does not been received and the remaining terminativa, and zero-sum. You have a legal counsel or consult with a professional in the field will also be more secure. The success of an action on behalf of animals will depend on the adoption of standards for appropriate and rational analysis. ILL-TREATMENT of ANIMALS in PROCEDURES AND the PERFORMANCE of THE art. 32 of the Federal Law no. 9. 605/98 - the Law on Crimes against the environment provides for the penalty of the 3-month and 1-year holding on to the one who performs an act of child abuse, elder abuse, injure or maim an animal, domestic, domesticated, wild, native, or wild or exotic. In the case of the crime, the matter should be reported in the Districts and law enforcement agencies. All of them are relevant to the news of the crime, it being indicated that is located on the site of the events. In the meantime, the city of São Paulo already has a police station, a specialized Group of Special Investigations of Offenses against the Environment. What do I need to report a crime? So, the research result is the precise evidence of the materiality matrix, which are the traces left behind at the crime), and evidence of authorship, (the suspect). Therefore, it is important to have the name of some of the people who have seen it, heard of, or know of something that can be clarified (testimonial evidence). It is also essential to put together the documents that prove the abuse suffered by the animals, such as photos and film footage (evidence). There are many cases where it is necessary for an investigation. If it is possible, it would be of great help to put together the report that is issued by a veterinarian to assess your pet, even though at the wall or the door and found the child abuse. In the event of the death of the animal's body should be periciado; and in the case of poisoning, for example, in addition to the necroscópico, it is necessary for the examination of toxicological concern. The Institute of Criminology – IC to perform this skill, but there are also private laboratories and the private sector in the pathology of the University of São Paulo, brazil. How to get the animal to a location to which you are a victim of ill-treatment in each group? Hypothesis 1. the animal is left in a closed, proprietary, and abandoned looking, at the risk of his life, and your withdrawal needs to be in an emergency, The police can be called, or even the fire department. However, on the basis of art. 5 (XI) of the Constitution (in the house, it's an asylum tamper-evident from the individual, no-one in it being able to penetrate it without the consent of the resident, except in the case of a flagrant crime, or disaster, or to provide assistance to, or during the day by a court order or subpoena), to the removal of the animal can be brought to the attention by any one person, although it would need to overcome a wall or door. It is important for there to be witnesses, so that if later on, the motivation of the
P a g e |4 of the entrance to the property. Drive your pet to the vet for the first-aid kit, and write the police report, or a file with the news of the crime is necessary. Scenario 2 - the animal does not receive any assistance from the owner or you are a victim of physical or moral, The removal of the service animal may be carried out at the request of a judicial warrant of search and seizure by the Police, as long as there are elements that prove the abuse. The employee shall assist in the adoption of the beast, for it is an important factor, so that the Power of the Judiciary to allow the withdrawal. The disposition of the animal is paramount, and we will be in the form of a donation, as it says in the art. 25 of the Law on Crimes against the environment, and to in articles 3, IV, 102, 107, III, §1 and §2, art. 134, VI, 135, all of the Decree no. 6. 514/08). The guard post-seizure, and disposal, obligations, and responsibilities. The law of Crimes against the environment, and the application of penalties to The art. 32 of the Law on Crimes against the environment (Federal Law no. 9. 605/98) provides for the penalty of three (3) months to one (1) year after the arrest and a fine. On the basis of the penalty, the crime is considered to be less offensive potential by art. 61 of the law on procedural, no. 9. 099/95, as applicable. Because of this, the authority of the police officer who becomes aware of the occurrence, however, it constitutes the term is comprehensive, and the Prosecutor may offer the possibility of direct effect of a punishment restrictive of rights, or the penalty to be specified in the offer. Therefore, those who have committed this offense has a chance to deal with criminal liability and, therefore, not to be arrested. What happens is that the application of the Federal Law no. 9. 099/95 is not the only impediment to the punishment to be applied to it. It is possible, in accordance with the opinion of the art. 44 of the Penal Code, and convert the jail sentences that restrict the right of any penalty in the event of a crime, etc., or prison terms of up to four (4) years, which are applied when the crime is a felony, provided that the offender is not to be a repeat infringer. The sentences are restrictive than the law, are limiting for the end-of-week, temporary prohibition of rights, and the provision of services to the community or the public, the provision of cash, or loss of property. With the approval of the LG 2833/2011, which provides for severe penalties for practices that are harmful acts committed against dogs and cats, the murderer, in short, can it be caught? The Federal Deputy Ricardo Tripoli, he is the author of the LG 2833/2011 (http://www. the board. govt. br/proposicoesWeb/fichadetramitacao?posicao=529820), which provides for penalties of imprisonment for up to eight (8) years of age, which is consistent with the crime that has been committed against the animal, and making it impossible for the transaction or conversion. In this case, it is signed by the bulletin of the case, and brought in a police investigation, allowing for the commencement of the criminal prosecution, and sentencing of the offender's sentence in prison. It is a guarantee of a penalty. To require that the rights of animals are respected! In the districts the police will not let it requires appropriate treatment, because of ill-treatment, it is a crime, and the provisions of the Law of the Federal government. The clerk of the court from the police to draw up the report number or the term is comprehensive, taking the term in its statement. If the answer is not satisfactory, you can fill out and file in the office of the police station, their news of a crime, that is, the things that you would recount in person to the clerk of the court, it may be delivered in written form. It is also possible to communicate with the Public Prosecutor, by a representation, as in this Body, in addition to the outside of the Police force, is responsible for receiving information of the fact, and the author, and the elements of the conviction (art. 27 of the Code of Criminal Procedure), and to take action to stop the abuse. So that the ill-treatment of an animal, this book brings the two models: 1. news of the crime, which replaces the bulletin of the case, and it can be filed in the office of the police station, according authorize section 3 of art. 5 of the Code of Criminal Procedure: any person who is for the people who have no knowledge of the existence of a criminal offence in the falling action, the public may be able to, either verbally or in writing, report it to the police, and checked the validity of the information, we will initiate an investigation. 2. representation of the Public Prosecutor's office also is responsible for receiving the information about the crime of ill-treatment. In this case, the Public Prosecutor's request for the establishment of a
P a g e |5 of a police investigation to determine the facts, research, and instruction, evidence-based training to the whole of the evidence). The MODEL OF the NEWS-CRIME-Art. 32 of the Federal Law no. 9. 605/98 Art. 3, I, II, III, IV, X, and the Art. 29 of the Decree no. 6. 514/08 Illustrious lord, the Doctor, a Delegate of the Police, the Holder of the ___ POLICE station, OR to the Group of Investigation on the attacks on the Environment of the Capital city (for the city of São Paulo, brazil) (first name), (nationality), (estado civil), (profissão), holder of the identity document of the n. _ _ _ _ _ _ _ entered in the national register of natural persons under the n ______, a resident of and domiciled in the ______________, n. _ _ _ in this city, by its representative to the below-signed certificate (if you have a lawyer)], with a focus on the art. 225, 1; VII, of the Constitution, art. 193 of the Constitution of the State, art. 1 et seq. of the Decree no. 24. 645/34, art. 32 of the Federal Law no. 9. 605/98, art. 3 and art. 29, the Decree no. 6. 514/08 and art. 5, § 3 of the Code of Criminal Procedure, has, with respect to the presence of Your Lordship, to REPORT to you that: the Facts • relate the facts, and if you listen to the information important to you and that will bring the elements of the material (proof-of-occurrence of the event, the traces left behind at the crime, and on the evidence of authorship, (the suspect, offender). • attach supporting documents (photographs, film footage, a statement from the medical and veterinary office, the reports of the examinations, the list of witnesses, with the qualification, etc.). NOTE. Take up the text of the Law on Crimes against the environment, no. 9. 605/98. In view of the above, what is required is for your Lordship to be given to the development of the Term, a Detailed and competent, the Procedure, for a testimony of the witnesses and the investigation of the facts presented, in view of the later attendance at a pre-trial hearing, according pray for the arts. 69 and 76 of the Law of the small claims Courts act (act 9. 099/95), this is applicable. ___________, 2. 0__ Signature on the ID card or OAB) LIST OF WITNESSES : a MODEL OF the REPRESENTATION of THE MINISTRY of the PUBLIC [to Put the logo of the Association, and if you want to. ] [Place and date] the HONORABLE DOCTOR of THE public PROSECUTOR OF the SPECIAL GROUP OF the
P a g e |6 the FIGHT against ENVIRONMENTAL CRIME AND PAERCELAMENTO JERKY FROM GROUND – GECAP (for the city of saint Paul, or EXCELENTÍSSSIMO the LORD, a DOCTOR and a PROMOTER OF JUSTICE for THE COUNTY OF (name of town/city / county) where the representation is made by the association for The) _______________ [the association], entity, nonprofit organization, with headquarters located _______________ [the address of the association], in this act represented by the _______________ [name and job title of the representatives of the civil society association] infrastructure signed - (a) to(o), Whether the representation has been made by a private citizen: I, _____________________________[name], a bearer of the identity card RG no.____________, a resident of and domiciled in the ______________________________________[address], has/have come into the presence of Your Excellency to submit a REPRESENTATION on the basis of article 225, paragraph 1, sub-paragraph (VII) of the Federal Constitution, in art. 32 of the Federal Law no. 9. 605, 1998, to the Federal Decree no. 24. 645, 1934, and require [to put what we want to ask you], for the following reason: • describe the events that have taken place, describe what your rights are violated • you place the orders, which do you want to do. _______________________________ [A representative of the Association, or the Name of a citizen in] [In the case of an Association, it is recommended that it be attached to the Representation, a copy of the by-laws of the Association] and THE RIGHT TO REPRESENTATION of THE Criminal Procedure Code (Decree-Law no. 3. 689/41) makes it possible that you be able to produce a representation of the Public Prosecutor's office to provide information on the suit, and the authorship of the crime, according to the art. 27): Any person, the people will be able to lead the initiative of the Public Prosecutor in the cases that have been allocated to the public, and to provide you with written information about it, and to the author and indicate the time, place, and the elements of the conviction. The model representation is shown in this Manual provides guidance as to a protector, or an association for the protection of animals (you can do this for the protection of animals. It must be protocolizado at the head office of any of the prosecution, the Prosecution of Criminal Justice, the Environment, or Animal welfare, and shall be filed with the elements of proof, that is, it is important to attach photos, movies, documents, list of witnesses, or any other material that may be to persuade the Body of the occurrence of the crime, for which you can be provided with the complaint or forwarded the material to the Police, to open an investigation, and the subsequent investigation.
P a g e |7, The theme is elected in the Manual, for example, the model performance is to install a circus animal in a city. This is a practice that has been prohibited in many cities of the country. The use and display of animals in circus activities, or similar technologies that are prohibited in all of the 645 municipalities in the state of São Paulo, according to the art. 21 of the Code of the State of the Animal Protection Act, the State 11. 977/05. The Ministry of Public works through its own initiative, or upon request, all over the country. The Federal Public Prosecutor's office in the same way, and also in co-operation with other countries, in the areas of constitutional law, civil law (especially in the protection of the collective), the criminal and the political parties. The institution applies for shares on behalf of the society, criminal complaints, and needs to be heard in all of the cases in the courts, which involve significant public interest, even if it is not a part of the action. In the case of the Prosecutor general's office, the action takes place in the framework of a Federal court. The Public prosecution service also operates out of the sphere of the judiciary, especially in the defense of rights to diffuse, to the environment and to the safety of the public, by means of instruments, such as surveys of civil servants, as well as guidance to the terms of adjustment of conduct, and public meetings. Its members (attorneys and advocates) are given complete freedom to act according to their convictions, according to the law. Your mission is to foster the achievement of Justice for the greater good of the society, and to the defense of the democratic state of law. A MODEL OF the REPRESENTATION of THE government TO your EXCELLENCY the LORD, a DOCTOR and a PROMOTER OF JUSTICE, for THE GROUP to COMBAT ENVIRONMENTAL CRIME AND to PAERCELAMENTO JERKY FROM GROUND – GECAP (for the city of saint Paul, or EXCELENTÍSSSIMO the LORD, a DOCTOR and a PROMOTER OF JUSTICE for THE COUNTY OF (name of town/city / county) to model the header w/Protector by: (name), (nationality), (estado civil), (profissão), a resident of resident of (address), new , bearer of the identity card, n., and social security number, n. , has, with respect, in the presence of Your Excellency, on the basis of the article 27 of the Decree-Law no. 3. 689/41, and 225, s. 1; VII, of the Constitution, or provide header template (p/Membership: The Membership: (name), a legal person governed by private law, a non-profit organization, with its headquarters at (email address), n. ID, n. , has, with respect to the presence of Your Excellency, on the basis of the article 27 of the Decree-Law no. 3. 689/41, and 225, s. 1; VII, of the Constitution, to provide
P a g e |8 y R E P R E S E N T A T I O N, in the face of the Company to the Circus, which was announced and released to the display and use of animals for his performances in the city of ______, in the desatendimento when you bet on the art. 21 of the Act. 11. 977/2005, who set up the Code for the State for the Protection of animals. As stated in the marketing materials (such as join, annex, at the time), which is widely distributed in the city, in the circus ring features a lion, bear, elephant, llama, and poodles have. The animals were exposed to the condition of the exhaust, and it's cediço, which, in addition to the training and conditioning that, as a general rule, if you have a punishment and ill-treatment, these animals are being born out of their natural habitat,they are robbed of their natural environment to survive, in violation of the international standards for animal welfare, understood as the guarantee of customer service at  for the physical needs of the animals are; those that affect the conditions of the anatomy and physiology of the species, the nutritional needs of specific natural movement and exercise weight);  the mental needs of the animals; the ones that get in the way of mental health, an expression of the natural behavior of the species in nature, the formation of the hierarchical stimulation of the environmental and the social dimension.  natural needs of the animals are; those ethological, and to allow the animals to express their natural behaviour, and those that are defined by the interaction of the animals in groups with other species of animals, including humans, according to the environment in which they are placed, or in which they live, and in the end,  with the promotion and preservation of the health of those pre-requisites, which will ensure the investments and actions for the prevention of diseases, and the control of the disease imunosuprimíveis, and are not exposed to diseases, infectious and parasitic diseases. However, this practice, which encourages and perpetuates the violence, degrading the dignity of the animal, by exposing him, and enslave him, in addition to the breach of the current legislation and ethical principles, deseduca the young woman, and child, to the principles of respect, to any sentient being. In view of these considerations, on the basis of articles 25, III, IV, 43, VIII, and XIII of the Act, n. 8625/93, you trust in the initiation of the investigation, civil investigation into the irregularities, and the cessation of the practice of infringement, provisionally, and then, if you want, it is required for the initiation of a police investigation, for the investigation of the practice of criminal, depending on art. 32 of the Federal Law on Environmental Crimes Act, no. 9. 605/98. The terms in which it Asks for approval. city), ___/___/20___ Signature: _______________________________________________________________________ NGO's/ legal representative:_________________________________________________________
P a g e |9, WHICH IS a CIVIL LAWSUIT? A Civil Action is an instrument which is procedural, is used to calculate the liability for injury to feelings, and to property caused by, among other things, the environment, and the validity is taken for the defence of the farm animals, wild animals, wild, native, wild, exotic. It is necessary to be the advocate for the prosecution. A civil action may, with the conviction of money or the fulfillment of an obligation to do or not to do so, or require steps to be taken, and the practice ceased. They have the capacity to bring the action, the Prosecutor's office, the Public Defender's office; and the Union, the States, the Federal District, and the Municipalities, the local government, a public company, the foundation of a society of mixed economy, and the group, at the same time it is recognized that there is at least one (1) year, in accordance with the civil law, and includes, among its objectives, institutional, environmental protection, and the defense of animals. The law establishing the Civil suit, and 7. 347/85, it also provides that any person shall be free, and the public will lead to the initiative of the Ministry of the Public, providing information about the facts, which constitutes the object of the action and stating that the elements of the conviction. The theme chosen for the model in this Manual are for the tests in action, chase, and yo, taken on rodeo, rodeos, and activities and shows are alike, which often take place in the municipality, and with the use of instruments that are intended to induce the animal to the conduct of the activity or behavior that are not produced naturally, without the use of these devices.
P a g e |10 of the MODEL IN a CIVIL LAWSUIT the HONORABLE DOCTOR, a JUDGE OF the ____ POLE FROM the FARM to the PUBLIC, THE FORUM OF SÃO PAULO, in the City or in the HONORABLE DR. JUDGE is the LAW OF ____ POLE CIVIL cases in THE COUNTY OF (name of city) in The (name of Association), an association of brazilian law, a private, not-for-profit, registered under CNPJ n. 00. 000. 000/0001-00, and the Status has been duly registered with the 0 of the Official Register of deeds and Documents, and the Civil Legal Person, its representative to the below-signed, with a focus on the art. 5 of the Federal Law, n. 7. 347/85, art. 225, s. 1; VII, of the Constitution, art. 1 et seq. of the Decree no. 24. 645/34, art. 32, the main section and paragraph 2 of the Federal Law no. 9. 605/98 and art. 268, § of the Penal Code, has, with respect to the presence of Your grace, to propose A t I O N of The C I V I L L P U B L I c C A A M M B I E N T A L L a C C O M P E t I D e L I M I N A t e in the face of a CITY council (the CITY ), in the person of its legal representative, and in the face of the company in a rodeo, and it was, with a head office in (city /state) (e) n. entered in the National Register of Legal entities under number _____/0001-__, the organizer of the event, which will be held on (date) at (address), for the reasons explained below: on THE FACTS of the Second comes out in the prospectus, and now, annex, of which the parts happen to be a part of this request, the requested party has broadcast a promotional event for the day (year), all in the midst of the festivities, which will bring together all the attractions, entertainment, food, and music as well as proof of beating around the bush (pet), it was, and any other mode, all involving harassment, pull-through, and/or the overthrow of animals for young people and adults from the time), and it is clear that this type of activity, and oxen, and calves suffering from the acts of sexual abuse and ill-treatment. The lack of care for the physical health of the pet's life is already shown in the ruling of the event. In accordance with the rules for the sport of it was, for example, the animal must be brought down in a track which has previously been marked, and within these limits, it will be valid for a score, when, at the end, the bull, or the calf, showing all four of its legs and stand up. For the ox, you will be judged, lying just in case you don't have to get up. In these tests it is not uncommon for the animals to have a vertebral column, ribs fractured, and the loss of the tail. These claims can be confirmed by a poster for the dissemination of the aforementioned event, the REGULATION says THAT THERE will be a SURVEY, AND the PENALTY in CASE of THE COWBOY BOOT, TWO-TAILED, USING TO this end, a mirror ON YOUR SLEEVE (section 4). It is aviltante, Expertise, and the lack of hesitation in disclosing the occurrence of the accident, and of the means of cunning used to it. That's not enough, the evidence of the cruelty, and the crime of ill-treatment, in this case, said to be of cultural or traditional, in defiance of the Federal Constitution, State Constitution and the Federal Law on Environmental Crimes, in the conduct of the previous edition is not permitted by Law, Municipal no. of the law, if there is one).
P a g e |11 and have a sordid savagery, is a patent pending applications. As unacceptable on the reverse of the historical and the deterioration of ethical values in the society. In this mode, the above-mentioned, all the animals are subjected to ill-treatment, of the shots are painful, anxiety, fear, and cruelty to, prior to, during, and after the event. In the previous edition consists of a test on a calf or an ox that is small in size after a loose shot in the arena, is matched by the two knights, to that one person (called a belt press in the direction of the animal, the second to the floor, pulling him up by the tail. The evidence of the loop, calf roping, and team roping) and cutting (bulldogging), in which are included the “to catch the withers 'and the' the tie of the eight arms, causing animal suffering, physical and mental, on the basis of the chase, the capture, and the brutal, the contention is made with a rope. The action of the lacing and tips - according to the report of the Professor Irvênia Prada, College of Veterinary Medicine and animal science of the University of São Paulo, he was a member of the research is titled “Diversion of human and animal suffering – Dodge”, which is subject to the animal's injuries in different parts of the body (vertebral column, ribs, and internal organs, and they are subject to breakage), in addition to injuries to the organic life of pain and suffering, mental well-being. A lawyer with Vanice, Teixeira Opinion of the International Union of a Protector of Animals – UIPA – São Paulo, in an article entitled “the Vicious beating around the bush - to the economic development of the pain,” she is extremely violent, that if you add up all the evidence of the loop in the calf (Calf Roping). There are, however, the loop doubles (Team Roping): “A pedestrian in the dark tie, the head of a wither, while the other tie his legs back, then the horses in the stretch between each other, thus resulting in serious injury to the spine, and injuries to the organic, as the animal is pulled in the opposite direction”. The bulldogging, another method is practiced, the conclusion Vanice, is the practice of cruel: “The person dismounts from his horse at a full gallop, throwing himself upon the head of the animal, and bring it down to the ground, grabbing it by the horns and twisting violently as his or her neck. It to be so, the displacement of the vertebrae, muscle tears, and several injuries from the impact. Issuing a statement on the matter in the round-ups, and rodeos, José Henrique Pierangeli found that the evidence of the loop, and the cutting of the trees of the ox shall constitute the crime of ill-treatment, specified in article 32 of the Law on Crimes against the environment, and has the appearance of morally objectionable: “The fact that the protection of the animals, as living creatures are capable of suffering - it is part of the educational, civil, and should be avoided by the examples of the cruelty that takes on the man of the hardness and insensitivity of the pain of others”(the Journal of the Court, no. 765, July, 1999). On THE RIGHT, in Addition to the discussion of the nature of the moral, scientific, and philosophical, to condemn the proceedings, cruel carried out at the shows, the rides, rodeo, rodeos, here was vehemently attacked by the cruelty inherent in even with the boot-up process of the tails of the animals, there are also devices for law enforcement, which is also object to prevent, prohibit such behavior. The Constitution of the Federative Republic of Brazil, article 225, paragraph 1, section VII, to guarantee the protection of the wild fauna and flora, and fencing “to the practices that put at risk their ecological function, resulting in the extinction of the species, or, subject to the animal cruelty”. (emphasis added), Such practice is also facing a Federal Law no. 9. 605 12. 02. In 1998, article 32 provides a penalty of imprisonment from three months to one year, or a fine, for those who Practice the act of child abuse, elder abuse, injure, or maim the wild animals, domestic or wild animals, native or exotic”. If the death of the animal, the penalty shall be increased by one-sixth to one-third.
P a g e |12-On-State of São Paulo, thousands of appeals have already been given, seeking to restrain, not the spectacle of the music, in and of itself, but it was to and the use of instruments that are offensive, because, admittedly, terrible. The question now facing, it is not only legal, but also of philosophical ethics is. Practices that perpetuate violence, and the naming tradition, or culture, is reflected in a disservice to the social and educational, especially for younger generations. “The animals don't exist on the role of a man.... they have a life and a value of its own. Conditions that do not incorporate this fact it is empty. A system of law that is to delete the blind”. Thomas Regan, american philosopher. THE CO-responsible for THE CITY'S administration to omit in their duty, office, ie, it is not worth doing in your poderdever of the police and customs. What's more, the administration has not only omitted, as it also contributes to the completion of the event, when the news of the involvement of his or her legal representative in the festivities of the opening ceremony of the event. The Civil Lawsuit, according to the understanding of the prevailing, may be brought against the person responsible, directly or indirectly, for or against both of them, for a time, which in some way have all contributed to its occurrence, this being apparent in solidarity with them. In the sense that (rio grande do sul - 200869) and PUBLIC LAW. A CIVIL LAWSUIT. THE LIABILITY FOR DAMAGE TO THE ENVIRONMENT AND SOLIDARITY OF THE DEFENDANT: A PRIVATE COMPANY, THE STATE AND THE COUNTY. “CITIZEN ACTION”. THE APPLICATION of the INJUNCTION to THE documentation that instructs you to this piece, as well as the current legislation in force, wave to the recognition of the periculum in mora), and the prima facie juris (or iuris) - skilled for the grant of a preliminary INJUNCTION and now requested, that is, a first altera pars is not permitted to conduct by the defendants, their agents contractors or firms, sub-contractors, or parties, of the evidence of the event. In order to achieve the effective implementation of the measure is now claimed that requires them to be officiated by the Public Prosecutor, the Police, the Military, and the environment, in particular that the battalion, which is responsible for the area, and performed at the town Hall, which is responsible for the authorization and oversight of the end of the event, referring to an Officer of Justice, to attend and participate in the site by the time of the event, as well as to meet the front of the organizer of the event is here pointed out, giving you with the science in the paper. Under the terms of article 461, paragraph 4, of the civil procedure code, even if it is required in the event of non-compliance with an injunction by the defendants – the attachment of a daily fine of R$ 1. 000,00 (one million dollars), and without prejudice to any claim the offenders for the crimes of the article 330 of the Penal Code, and 32 of the Law on Crimes against the environment, with others, to be met by the police. THE MAIN claim in view of the above, listening to the ODD. the representative of the Public Prosecutor, requerse the citation of the defendant, in the person of its legal representative, with the power of article 172 paragraph 2 , of the civil procedure code, have challenged the legal term, to warn them that's not in the doing, you will be subject to the effects of a default is continuing, if the deed to the final sentence of the country, ordering them to pay the fees and other costs of the procedure, the R - OBLIGATION NOT TO DO it , be consistent in the NOT- The defendants, their agents, contractors and participants of the event, as well as any evidence of a pet, bow tie, or the overthrow, directly, or by means of outsourcing in the context of the surrounding area. II - DETERMINATION OF the DAILY FINE for each of the acts have been committed in a manner inconsistent with their obligations, it does not make as indicated in section I, the subject of a restatement by the ends of the officers, in the event of non-compliance (article 11 of the Law of 7. 347/85 and articles, 632 ff.; cf. and in 642/643 of civil procedure), in the amount of$ 1. 000,00 (one million dollars) per day, or another value, which Your lordship may consider the most
P a g e |13 is appropriate. In order to demonstrate the alleged require to be considered in the documentation supplied with the application, the poster of the event and the photos that this is a cruel practice, and as a part of the action, will at a protest for all of the methods of proof in the law, admitted as a personal testimony, testimony of a witness, expert, technical, inspection, and other than that permitted by law, without prejudice to the appointment of the Officer of Justice to hamper the activities in here to attack. It requires, also, from that moment on, the exemption from the payment of the costs, fees, and other charges on, the sight of you laid down in article 18 of the Law of 7. 347/85. Giving to the cause, for the purpose of tax, in the amount of$ 1. 000,00 (twenty thousand us dollars). In these terms, and Asks for approval. (in the city), (day) de (month) de (year), the Advocate(a) of the OAB-n.
P a g e |14 the BREEDING AND sale OF DOGS AND CATS around the CITY OF SÃO PAULO for THE creation of business and the sale of the dogs and the cats have been regulated by the city of São Paulo, from the Law no. 14. 483/07, which also governs in the event of the adoption. Puppies can be shipped directly to the kennels and catteries in or on the premises, such as pet stores. It can only be sold to more than 60 days old must be spayed or neutered, micro-chipped, vaccinated, de-wormed. Those who purchase it should you receive the invoice, and is a manual of guidelines for the breed, and health care. In the event of the adoption shall be conducted in schools, and there must be a responsible person, who may be a legal person (an NGO), or a private individual, as a guard of the independent. This act broke new ground by acknowledging the work of the protectors of animals that act without the support of an organisation. The promoters of the event, may charge fees for adoption and animals (adult or young) they must be spayed or neutered, vaccinated, de-wormed, and, at the time of the adoption, provide DATABASE – the General Register of the Beast (Act 13. 131/01). There is no requirement to microchipagem in the event of the adoption. The law 14. 483/07 prohibits the sale of puppies in the common areas, such as parks, streets and avenues. How to report illegal wildlife trade in the public areas must be reported to the local authorities, it has a legal obligation to fight against this practice in the areas under their jurisdiction. A complaint may be made by telephone, 156), or directly on the square of the support that exists in each of the sub-prefecture. According to the standard, legal, operations for the suppression of this trade is illegal, and if there is a need to learn young or adult animals, the Family must make use of the css radio button style table. It's possible to submit an application to the head office of the family (see the addresses at the end of this manual). It is important to know if it is possible, and join to the application/complaint, the pictures on the site of the animal being exposed to, the sale of the condition of the offenders. If you have any advertising material, such as “handouts” or calling for the social network, it is also of great importance to put together. Complaints about the possible ill-treatment at the pet shop, or failure to comply with the law, the trade should be made to the Center for animal disease Control, at 156, or by e-mail: zoonoses,@city hall. sp. govt. br. TEMPLATE OF AN APPLICATION TO THE FAMILY MR DEPUTY MAYOR OF THE MUNICIPALITY OF _______
P a g e |15 (given name), (nationality), (estado civil), ID card, social security number, resident, and a resident at (address), (city), is, with respect to the presence of Your Excellency, on request, based on the Municipal Law n. 14. 483/07 be made to law enforcement in the Square of _ _ _ _ _ _ _ _ on Saturdays and Sundays, the days that are exposed to dogs, cats and puppies of different breeds, even late in the evening, for sale. The animals are in cages and boxes, shipping boxes and cardboard boxes, exposed to the weather and the smoke from the car for the entire day. Due to the size of many of them, it is possible to see that is not even weaned (see attached pictures). That's not enough, there is no evidence of the origin of the (a kennel, cattery of origin, vaccinations or spay / neuter of the animal. Ever been caught in animals with diarrhea and apathetic, being exposed for sale. In addition to the allegations of ill-treatment, which is a criminal act, and that failure to comply with the legislation, the municipal conduct strikes to the protection of the consumer. In this way, the practice of authorising and requiring a strong and effective law enforcement. It is the practice of the appellant and the perpetrators are aware that they are acting in bad faith and contrary to the law, because at the slightest hint of danger, they put the animals in fast cars park all around the square (see photo), and come out of the place, coming back hours later. With that said, the oversight needs to be strengthened, and, in addition to the fine, applied, and the animal must be understood, so that it does not return to the for sale later on, and they are exposed to the conditions of the ill-treatment of them again. The terms on which the p. end. St. Paul's, (day) of (month) (year) (signature), a Public Hospital Veterinarian's request for the deployment in the county, The number of dogs and cats in households in brazil is growing rapidly, especially in large urban centers. In 2011, it is the capital city of the state of São Paulo, he won the 1st state Hospital, a Veterinarian for dogs and cats in the country, thanks to a provision in the budget, made possible by a city Councilman Roberto Tripoli, which is specific to your implementation. The front desk vet for animals, this is a claim by the former to the Movement of the Animal, which is so important in the control of reproduction, which is now a practice that is embedded in our everyday life. A lot of homeowners, and families in despair watching their sick animals, which is even worse when you are not able to provide you with customer support, or when you do not have the financial means to do this. Foster care for the animals, it becomes a question of the social order, and in addition to the right of the animal, it is a cornerstone of the program is modular in health and disease surveillance. Animal care veterinary medicine is highly valued by its owners and stays healthy, which ensures that the health of the population.
P a g e |16 of This user's Manual is included on a template of a letter to be sent to the Mayor of the municipality, requesting for the deployment of a service free at the vet for the animal. TEMPLATE OF a LETTER TO the MAYOR of the municipality (City), (day) de (month) de (year). Of. no. ___/20_ mr. MAYOR , I Have the honor of addressing to your Excellency, for the purpose of praising him, repeating the request for the deployment of a service in the public vet in the City, the hospital and the outpatient clinic for dogs and cats. Notwithstanding the form of such as the public policy of the health and safety of the public, in order to prevent the transmission of zoonotic diseases, the risk of a bite, and other conditions in the dog and cat, which, today, comprise the majority of the families in brazil, play a fundamental role in the structural composition of the social, educational and economic backgrounds. So, bearing in mind that it is up to the System of Health (SUS) to participate in the design and implementation of a policy of surveillance (art. 16), II, ' a ' and ' c ' of the Law no. 8080/90), - by which we mean by the epidemiological surveillance (art. 6, §2). the set of actions, which provides the knowledge of the detection, or prevention of any change in the factors
P a g e |17 of the determinants and the determinants of the health of the individual or the collective, and for the purpose of recommending and adopting measures for the prevention and control of diseases and / or disorders, and even of the fact that the domestic animals, the members of animals and plants are understood as a living, sentient, and is subject to the law in the light of art. 225, s. 1; VII, CF; art. 1 of the Federal Act, n. 5. 197/67; art. 32 of the Federal Law no. 9. 605/98, art. 82 of the Federal Law no. 10. 406/02; and that in both humans and animals are affected and suffer from diseases that are a part of the string in the epidemiology of zoonotic diseases, they are shown to the public interest and the need for the provision of the service by the government, although that is due in a supporting role, or company, in partnership with universities, professional associations, civil society organizations, and/or the private sector. Thank you in advance, will renew the protests, and a high level of consideration. (name) President, (name of NGO), mr (name of the Mayor, DD. Mayor of (City) (street address) (city) Program to control the population of dogs and cats to control the population of dogs and cats, it is a program that involves multiple measures: a measure of the number of animals in the county, city, or region, of the registration, branding, and permanent; epidemiological surveillance; vaccination against rabies and diseases and non-specific in the control of reproduction through the sterilization, education, and awareness to the property of the responsible for the care of medical-veterinary medicine; the control of endo-and ecto-parasite control (worms, fleas, ticks, etc.), encouraging the adoption of and deterrence in the drop-out and practices of ill-treatment. It is a program that will be directly reflected in the health of the community and the beast, for it is dealt with in the manner of the new concept of one health. In view of the fundamentals of the technical and legal framework, as provided, including the Code and the State for the Protection of the Animals and the Law 11. 977/05, art. 11, there is a matter in which it operates in the health of any municipality, and therefore, this manual provides the template of the letter to be sent to the Municipal Secretary of Health, in order to request the implementation of a program to control the population of dogs and cats.
P a g e |18 the MODEL OF the OFFICE of THE MUNICIPAL SECRETARY OF HEALTH, City (day) de (month) de (year). Of. no. __/20__ the SECRETARY , " I Have the honour to address myself to Your Excellency, for the purpose of praising him, in order to reiterate the request for the implementation of a program to control the population of dogs and cats in the City, with the collapse of the animal with no control, medical treatment, deworming, vaccination and sterilization (with full access for the population, and in addition, at the time, to record, and to identify, with the use of choice of micro-chip), educational and awareness-raising for the property in a responsible, deterrence in the drop-out and at the end of the promotion, the adoption of pets and animals, based on art. 23 art. 225, s. 1; VII, both members of the CF; art. 82 of the Federal Law no. 10. 406/02; art. 7. 7. 4) of the Health Code for Terrestrial Animals of the World Organisation for Animal Health – OIE; art. 11 of the Code of the State of Protection for the Animals, the laws of the State of n. 11. 977/2005, in view of the large number of stray animals in the city, left to their own devices, and as such the extent to which public policy in the health and safety of the public, in order to prevent the transmission of zoonotic diseases, the risk of a bite, and other medical conditions. Humans and animals are affected and suffer from diseases that are a part of the string in the epidemiology of zoonotic diseases. Thus, the recognition of an international character, the priority of one health, which includes the prevention of diseases, zoonotic, and in particular, the rage, is essential to control the population of dogs and cats without causing them pain. The veterinary services should be creating jobs for the prevention of these diseases, and to ensure the well-being of the animals, since the goals and objectives of a program to control the population of animals provide for, among other things, the improvement of their state of health and well-being, and the promotion of the property is responsible for the maintenance of the animals that are immune to rabies, a reduction in the risk of other diseases, and damage to the environment and animals, and to combat the risks posed to human health. Thank you in advance, will renew the protests, and a high level of consideration. (name) President, (name of NGO) mr
P a g e |19 of the Doctor (the name of the Registrar), DD. The Municipal secretary of Health of the City) (street address) (city) PROGRAM FOR THE PROTECTION of WILDLIFE without a Doubt, one of the major issues of grief in regards to the conservation of species and ecosystems is the maintenance of the habitats, as well as the protection of living beings. To urban development, exploitation of real estate, and economy of space, so people without the proper planning, and a sufficient awareness about the conservation of the dangerous damage that cannot be repaired. More to curb the illegal wildlife trade, and deploying programs, education and communication, it is imperative that the government carries out the audit, and to put in place a mechanism for environmental protection and for the protection of the animals, regardless of the repercussions that will reach you directly at your life, including human. To protect the areas of recognized importance of retaining the original features it is the role of the regulatory authorities and the organized civil society, if you look at these issues, making use of technical knowledge and sufficient to allow a debate and the claims at levels that are sustainable. The template of the letter to the next, it is suggested protective measures in an area of native forest, which is rich in biodiversity, and how many are threatened in the state, and the implementation of the programme for the protection of wildlife, due to the suppression of their natural habitats, and the insistence on the practice of the hunt, dooming them to extinction, and the next. TEMPLATE OF a LETTER TO the SECRETARY OF STATE for the ENVIRONMENT (in the City), (day) de (month) de (year).
P a g e |20 Of. no. __/20__ the SECRETARY , " I Have the honour to address myself to Your Excellency, by the end of the end of September to him, to reiterate, at the request of law enforcement in the reserve _____, with the purpose of, among other things, protect the wildlife and to enable the freeze of the housing boom, while avoiding the removal of this nature. In the area of ________ is in the Atlantic Forest, there are many waterfalls and rivers, as well as being home to many animal species, including the ends of the chain, such as jaguars and pumas. However, the forest does not have the plan of conservation and experienced waterproofing, lodging (double occupancy) in the area of the floodplain, and it is estimated that in the last two years, it has experienced the devastation is the equivalent of 20 years ago. In the absence of a plan of action for the protection of the wildlife local, it is another demand on the need for urgent action. It is necessary to incorporate measures of the stock of the local fauna (assessment/diagnosis of the fauna); in the collection, via the utilities of the highways that are close to you about the redemption and the deaths of animals in the wild, and is equal to a survey of the species are found in urban and rural areas, as a result of the suppression of their natural habitat, which is also reflected in the paucity of the area of the release, for the redemption of the animals, giving rise to the permission by the government to the giving of the species kept in captivity, and after the recovery, which it is not. It is necessary, in a similar fate to establish measures to combat the illegal wildlife trade, to facilitate the implementation of the centers for the recovery of species of wild animals, given priority to the animals who are the victims in the region, to promote studies and research relating to wildlife and the environment, and to promote educational activities and environmental awareness. A belief in the feasibility of the now defendant, and that the Secretary of State for the Environment, it shares the same understanding of what the imprescindibilidade this demands, please feel free to contact us, and we are just waiting. Thank you in advance, will renew the protests, and a high level of consideration. (name) President, (name of NGO), the Honorable Dr. (name of Secretary), and DD. The secretary of State for the Environment (street address) (city) HOW do we form AN ASSOCIATION for the PROTECTION OF animals and THE role of the third sector, The civil society has been engaged in a proactive manner, which will contribute to the assurance of life in the society, the management of the world if you want to build up your back and to the strengthening of the rule of law, of the law. The so-called " third sector, and today the figure, along with the first of the government and the private sector) in the decision-making in the search for solutions. Keeping them independently of each other, one can engage in the oversight and charge of the operations of the public authorities to intervene in the behavior of the market, it must meet the expectations of the society at large, as represented by the number of segments organized and operating in different areas, all of which are critical to the organization in the society. It is common, therefore, for the establishment of the Ngo (non-governmental organizations) for the protection of the rights of animals, the elderly, the children, the indians, and people with disabilities, and the relationship homoaffectionate, people of african descent, etc. There are also people who come together to monopolise
P a g e |21 flags that seek to defend the rights are complex, such as health care, education, which amounted to an unspecified number of living of the people, or the whole of these, such as the protection of the environment, and the environment. And then there are those who work for the defense of collective rights to land, which is limited, or they reach the group, or target segment. Of all the luck, and the role of associations of legal persons governed by private law, a non-profit organization, therefore, it is not the government (the public), and not for-profit, has a lot of character, unselfish, and shows himself to be more and more necessary to the exercise of citizenship and democracy in the nation. Why is it important for a group of guards in independent form an NGO? In the first instance, it is common for people who have the same goal, and they want to fight for a particular cause, to come together to discuss the issues and look for solutions, organizing strategies that work. This is the origin of a non-profit organization. The group, after you reflect on the way that it divides the tasks, in all the time, and in the management of people, you move to the existence of the fact to the existence of a legal, achieving a social status, and to put themselves on the national register of legal entities, which legitimará their actions and you will have the possibility to act in full, and is protected by law, and expanding the range of activities and warranties as to its performance. An NGO may enter into agreements and partnerships with the public sector, the private sector, universities, in order to achieve your goals. You may be given the resources-financial, operating, and human resources to operate, how THE organizations in the media; they can pay to members and work for the general public, it is not delegáveis more likely to run for the supervision and co-operation, such as Ngos (civil society organisations, in the public interest, and a number of other functions, such as to file a judicial action for the protection of the rights for which to fight, such as the Civil Government in accordance with Law no. 7. 347/85. It has long been customary to draw up a charter, and in the manner of a one-for-profit organization, which already provides for the possibility of facilitating the establishment of the terms of the partnership, and the covenants that in the future the government. What kind of documents do I need? It is necessary to be an advocate for the drafting of a charter, which sets out the name of the entity, at the date of its establishment, the venue, the goals, and the composition and qualifications of the board of directors or in the office, the fixing of the term, the rights and obligations of the members. These are deliberative, that is, for any choice of the group. But it is important to follow the law with regard to the manner of election, removal of members, and the availability of the goods, to the value, which is set forth in the Brazilian Civil Code, Federal Law no. 10. 406/02, art. 40, 44, 45, 46, 53, 60. It is necessary to draw up the minutes of a meeting of shareholders, which must have been called previously, and to provide the list of participants. The ID can be obtained directly from the irs or through a professional broker) that is enabled to such a task. Where to register? In a registry of deeds and documents of the legal entity. You will need to apply to register via a form or application, and to make the payment of the fees cartorais. The information to be Useful In São Paulo, the office of titles and documents of legal entities came together and formed the CTD – CENTRO DE ESTUDOS, AND the DISTRIBUTION OF the SECURITIES, AND DOCUMENTS OF a LEGAL entity OF SAO PAULO. On its website, it is possible to gain additional information: http://www. cdtsp. com. br/form_pessoa_juridica. a php#3 http://www. cdtsp. com. us/forms/pessoa_juridica/assocsemfins2009. html.
P a g e |22 STATUS MODEL STATUS (the name of the association of TITLE I, CHAPTER I, Name, Length, location and Purpose. Art. 1. The Association, formed on the (day) of (month) of (year), it is a legal person governed by private law, non-profit corporation, and is incorporated for an unlimited period of time based on the address, (n), (ZIP code in the city of ___, State of ___ and zip code in the ____. Section 1. The Association does not distribute among its managers, members, employees, or donor, any operating surplus, gross or net, dividends, bonuses, shares, or a portion of its assets, received by means of the exercise of its activities and shall apply fully to the achievement of the object of their membership (art. 1, paragraph one of the Law no. 9. 790/99). §2. The association shall adopt management practices, that are necessary and sufficient to inhibit the achievement of an individual or group of advantages and benefits, as a result of participation in the decision-making process (art. 4, II, of the Act of 9. 790/99). CHAPTER II Objectives. Art. 2). The Association's purpose is to: A. ensure that the information on the control of animal property to be responsible for pets-in-waiting, diseases, and other chronic conditions, and the environment, and II. to Train volunteers who work in the area of animal health and the environment, and III. To assist, where possible, to homeless animals, and to promote the necessary treatment (deworming, neutering, vaccinations, medical care, education), and those in foster care; IV. is to Promote discussions and the discussions V. to Support, promote, and support the development and implementation of policies on public health, the environment, animal control and the property of the responsible VI. to Support, promote, and support the implementation of the legislation concerning the environment, public health, animal control and the property of the responsible VII. work in the sphere of education and awareness-raising; VIII. To support and promote the initiatives are grounded in the precepts of ethical, legal and technical, in
P a g e |23 of the public health and the environment, and IX. Act to protect, preserve and conserve the environment and promote sustainable development; X-Act for the promotion of the ethics, peace, citizenship, fundamental rights, and democracy. Art. 3. In the development of its activities, the Association shall comply with the principles of legality, impersonality, morality, publicity, cost-effective and efficient and will not discriminate based on race, color, sex, gender, or religion (Art. 4 of Law no. 9. 790/99). Ii. To fulfill this purpose, the authority will, by means of the direct execution of projects, programs, and plans of action, of the grant of the physical resources, human and financial resources, or the provision of intermediary services and support to other organizations, not-for-profit agencies in the public sector, they operate in a related field (art. 3, paragraph one of the Law-9. 790/99). TITLE II, CHAPTER I, Of the Members. Rights. Duties. Reg. To dismissal. Delete. Art. 4. The Association is made up of a number of members, divided into the following two categories: I. Founding partner, the one, which consists of the first years. II. an honorary member, the one that you provide the relevant services, and gift. III. Associated with the taxpayer, and those who, after the presentation of the proposal to the financial contribution, shall be included in the membership of the Institute. Art. 5. Members have the right to: I. Attend all meetings and events. II. to Submit proposals for the work. Art. 6. The duties of the members of I. esmerar-se in the achievement of the objectives set out in this Statute, II. ensure timely payment of the annual fee, in accordance with their plan of assistance; III. to ensure the image of the organization; IV. to participate in the meeting, previously called whenever possible, See co-operate, in the most effective manner to achieve the objectives of the Association. Art. 7. You can acquire the status of associate professionals in the fields of activity of the organization, both brazilian and foreign, in the full enjoyment of their civil and political rights, which shall apply to your subscription, subject to the submission of the proposal, with the qualification, address, occupation, and the nature and amount of the contribution is to be made, which is being submitted to the general Meeting. Section 1. You will not be admitted into the membership of: I. an individual that you have against him, pending a judicial or administrative action, the object of which is in demarcation is contrary to the purpose of function of the Association. § 2. In the event of (I), will be held up to the entry for the associated to the entry into force of the decision, that is, until the completion of the ongoing demand. § 3. This decision is denegatória may be appealed to the Assembly, in writing, within forty-eight (48) hours from the date of receipt of the notification, in accordance with the single paragraph of art. 57 of the Civil Code (Law no. 10. 406/02, and you will be judged in 30 days. Art. 8. Termination of membership shall take effect on the decision of an absolute majority of votes of those present at a Meeting to be convened especially for this purpose, when there is an assassination attempt on the image and reputation of the Association, when it is behaving in a way that desabonadora, when ownership of the goods, or values, that you are not able to, or are authorized to have; when you misuse the name of the Association is to pay attention to him, to him or to take advantage, and by the end of it, when you are in default under the terms of the registration agreement for the input. Section 1. If you request the deletion of your membership, shall be manifested, without provocation, you must member to introduce to you, in writing, presenting to the Board of directors, and in which the assessment will take place at the first General Meeting to be held after the filing of the application or, to be convened for this purpose, receiving the name of the power off. § 2. It will be turned off or deleted, and the person on the date of the order of the Board of directors
P a g e |24 to host the application or to just appear. TITLE III, CHAPTER I, Of the Administration. Art. 9. The Association shall be managed by: (a) the General Assembly; (b) the Board of directors; and (c) the Supervisory Board. The options on the remuneration of the directors: ii. The Association does not pay for the offices of the Board of directors and of the Supervisory Board, whose actions are entirely free of charge (art. 4, and VI of the Act 9 in. 790/99). Ii. The Association pays its managers that actually work in management, business and those who offer specific services, and respected, and in both cases, the values in values in the market in the region in which it performs its activities (art. 4 of the VI to the Act no. 9. 790/99). CHAPTER II of the General Assembly. Art. 10. The General Meeting of shareholders, duly organized and is installed, it is a decision making body of the organisation and oversight for the faithful performance of the provisions contained in the Regulations, being able to address all of the business and to take decisions of his / her assignment, including the amendment of the provisions of this Statute. Art. 11. The convening of the General Meeting shall be given in any of the past, by any means, in good standing, which allows for verification of shipping and receiving, such as e-mail, fax, letter, A. A. , cable, and set in the offices of the Association, with a minimum of five (5) days. Ii. The convocation of the Assembly to ensure 1/5 (one-fifth of those associated with the law for promotion of it. Art. 12. The resolutions of the General Assembly to Ordinary and Extraordinary, shall be taken by a qualified majority vote (2/3), and the Chairman of the vote, and they're all related, yet it's missing, the inside of the provisions of this agreement. Art. 13. At an Extraordinary General Meeting may only be able to take a decision on the matters referred to in the instrument of the call, except for the inclusion of the item when it is approved by 2/3 of the Members. Art. 14. The members present at the Meeting of shareholders will be asked to sign the book of the it act shall be inscribed in the minutes, or a book of their own. Art. 15. It is incumbent upon the General Assembly: I) to Elect the board of directors and the Board of directors; II. Dismiss members of the board of directors and the Board of directors; III. to Approve the accounts, and IV. to Approve the internal rules, See the amendment of the articles of association; VI. to Settle omissions, or conflicting interpretations of statutory law; VII. enter into agreements with public or private entities; VIII. to Take such measures as it deems necessary for the protection of the interests of the institution. Ii. The resolutions referred to in sub-paragraphs (II and V of this article, it is required of a resolution of a special meeting called for this purpose, the required quorum of 2/3 of the members.
P a g e |25 of CHAPTER III of the executive Board Art. 16. The Board of directors shall be composed of: I. A President, II., A senior Vice-President, III. A chief Financial Officer; IV. the Secretary-General, see the Director of the Project. Ii. The Board of directors shall be elected at the general Assembly, by a qualified majority of its members to engage in term of 24 months and is prohibited to be re-elected. SECTION I-The President-Art. 17. You will be a member-elect for the term, he was the representative, and the executive board of the Authority, and who is responsible for: I. to Ensure the faithful performance of his duties; II. To represent the association is active, and the defendant, in court or out of court. Section 1. The president shall be replaced in their absence or inability to act, the Vice-president. In SECTION II, Vice President-Art. 18. Composed by a member-elected, who shall be responsible for the replacement of the President in his absence or impediment. SECTION III of the Secretary-General-Art. 19. The Secretary-General, made by a member-elected, has the following goals: I. to Save it and put all of the books of the Association, II. serve as secretary of the General meeting; III. To summon the elections, voting and counting, the result of which will be recorded in the minutes or in the book itself; IV. to Send mailings to members and other interested parties; and V. Provide for the enrollment of members, and archiving the deletion, or dismissal of members. VI. to Provide the public register of all the acts of the General Assembly, and the others that are subject to registration, VII. to Prepare an annual report of its activities. SECTION IV of the chief Financial Officer Art. 20. Will: I. Collect all the fruits, and the contributions II. Manage their financial resources. III. To keep up-to-date on the report and the financial statements of an Entity's IV. to account for all resources and goods are received by the Association; V. to Deposit with and use in the financial market of the amounts of money and valuables belonging to the association. SECTION V is the Director of the Project Art. 21. Made up of two (2) members of the technical body responsible for the design, development and co-ordination of the project. CHAPTER IV
P a g e |26 the Supervisory Board. Art. 22. It is up to the Supervisory Board consists of three members, elected representatives, to inspect and to look after the interests of balance, economics, and finance, to wit: I. Oversee and approve it, if it is determined by the costs incurred by the board of directors, who shall be responsible for reporting monthly and annual II. to Carry out internal audits; III. give their Opinion on the financial statements and performance reports, and financial-accounting-and on the complete financial operations by issuing advice to the boards of the Association (art. 4), III of Law no. 9. 790/99). Ii. The supervisory Board shall meet regularly at each of the six (6) months, and extraordinarily whenever you need it. TITLE IV, CHAPTER I of the Election. Art. 23. The Board of directors and the Supervisory Board will be elected by the Assembly, acting by a qualified majority of its members, whose votes may be issued under the seal of secrecy, or in the open, as well as to be acted upon by fax, e-mail, by telegram or in correspondence with A. R.". Section 1. The application form for the posts shall be held by the formation of plaques that will be recorded by the Secretary-General reported on the Meeting, setting in minutes, with at least thirty (30) calendar days (on the run) ahead of the general election. §2. The counting of the ballot will take place immediately following the closing and, if possible, with the drafting of the minutes. §3. The term of office of the board of directors and the resolution is 24 (twenty-four) months and barred from re-election. CHAPTER II of the fiscal Year and Fiscal policies. Art. 24. On the exercise of the social and the tax will be starting on 01st January, and ends on the 31st of December. CHAPTER III Penalties for doing so. Art. 25. Are the penalties that apply to all members: I. the warning II. to sleep for a specified time period for the right to vote and be voted for; III. delete it. CHAPTER IV Of the Financial Resources. Art. 26. The financial resources that are needed for the maintenance of the association may be achieved by: I. the Terms of the partnership agreements, and the agreements entered into with the government for the financing of projects in the area of its operations; II. all Contracts and agreements entered into with the companies and agencies on the national and international level; III. Gifts, bequests and inheritance; IV. Revenue from investments in financial assets, and the other related to the assets under their management, see the Contributions of the members. CAPÍTUO V to the staff Regulations. Changes. Art. 27. The amendments to the Bylaws may be made at any time by the Board of directors, by the members of the board, and shall be subject to the voting, to make sure, by a qualified majority (2/3 of the co-Ordinators), and in the General Assembly, with a summons prior notice. CHAPTER VI
P á g i n a |27 Dissolução da Associação. Art. 28. Em caso de dissolução da Associação, a ser discutida e aprovada em Assembleia convocada para este fim, seu patrimônio líquido será transferido para outra associação ou organização não governamental, de mesmo objeto, a ser votada pela Assembleia. CAPÍTULO VII Da Prestação de Contas. Art. 29. A prestação de contas da Associação observará: I. Os princípios fundamentais de contabilidade e as normas brasileiras de contabilidade; II. A publicidade, por qualquer meio eficaz, no encerramento do exercício fiscal, ao relatório de atividades e das demonstrações financeiras da associação, incluindo as certidões negativas de débitos junto ao INSS e ao FGTS, colocando-os à disposição para o exame de qualquer cidadão; III. A realização de auditoria, inclusive por auditores externos independentes se for o caso, da aplicação dos eventuais recursos objeto de Termo de Parceria conforme previsto em regulamento; IV. A prestação de contas de todos os recursos e bens de origem pública recebidos será feita, conforme determina o parágrafo único do art. 70 da Constituição Federal. TÍTULO V Disposições Finais. Art. 30. Na hipótese da Associação obter e, posteriormente, perder a qualificação instituída pela Lei n. 9. 790/99, o acervo patrimonial disponível, adquirido com recursos públicos durante o período em que perdurou aquela qualificação, será contabilmente apurado e transferido a outra pessoa jurídica qualificada nos termos da mesma Lei, preferencialmente que tenha o mesmo objeto social (art. 4º, V da Lei n. 9. 790/99). Art. 31. Em caso de falecimento do Presidente, o Vice-Presidente assumirá o cargo ou, na impossibilidade de aceite da incumbência, convocará uma Assembleia Geral Extraordinária para eleição. Art. 32. Os membros da Diretoria não responderão solidária, nem subsidiariamente pelas obrigações da Associação. Art. 33. As omissões ou interpretações divergentes estatutárias serão dirimidas pela Assembleia, convocada para este fim. Art. 34. O presente Estatuto entre em vigor tão logo registrado e arquivado em cartório competente. __________________ Presidente ___________________ Advogado (a)
P á g i n a |28 Adoção de Animais Adotar significa acolher, assumir, reconhecer. É um ato voluntário que demanda responsabilidade e compromisso. Presume-se que o animal adotado careça de proteção, abrigo, amparo financeiro e emocional. Os benefícios da adoção são imensuráveis para o adotante e para o adotado, com repercussão social de extrema importância. É uma atitude exemplar e que contribui para uma situação aflitiva, que é o contingente populacional de cães e gatos. Sua principal característica é a retomada do vínculo. Por isso é preciso que seja estimulada e assumida pelo Poder Público também. É medida que combate o abandono e incentiva a propriedade responsável. Mas a adoção demanda a manutenção e exige dedicação: é preciso lembrar que cães e gatos podem viver por mais de 15 (quinze) anos e durante todo este período é preciso garantir-lhes assistência emocional e material. Todo animal está apto para ser adotado? Para que um cão ou um gato seja disponibilizado para integrar um novo lar é preciso que quem o esteja disponibilizando atenda a alguns requisitos, que vão desde a avaliação comportamental e de saúde deste animal, até a aptidão da família adotante. Os animais devem ser castrados, vacinados, identificados (por método visual [plaqueta] e permanente [microchip]), vermifugados (controle endo parasitário) e protegidos contra pulgas, carrapatos e demais agentes ectoparasitários. Todo pessoa ou família está apta a adotar um animal? Muitas pessoas, imbuídas de um grande sentimento de altruísmo e compaixão retiram animais das ruas, em estado de debilidade ou mesmo de simples abandono e os transformam. Levam-nos ao médico-veterinário, tratam, esterilizam, vacinam, vermifugam e depois os disponibilizam para adoção, quando não ficam com eles. Neste caso, é preciso que cada pessoa faça uma auto análise: qual o número de animais que já possui; qual o tempo que dispõe para se dedicar ao animal; quais recursos ou acesso a serviços pode oferecer-lhe e o que esta adoção representa em sua vida, porque é preciso que este ato seja benéfico para ambos. Acumular animais é algo sério, que compromete a vida da pessoa e do animal. A adoção impõe deveres e obrigações! Alguns lares podem ser recusados para receber um animal, porque não oferecem um ambiente seguro, já que há grande registro de acidentes, como queda de laje, janela, envenenamento e atropelamento de animais. A integração entre crianças muito pequenas e animais deve ser acompanhada com muito critério, pois há riscos para ambos. O imóvel precisa ser devidamente cercado e no caso dos gatos, é preciso que haja telas em janelas e sacadas de apartamentos. Nas residências, é preciso certificar-se que a vizinhança aceita bem animais, para evitar que haja reclamação por incômodo à salubridade, segurança ou sossego; e mesmo, para evitar envenenamento ou ameaça ao animal. É preciso lembrar também que gatos não devem ser adotados como forma de controle de roedores e que cães, embora sejam guardiões das casas e dos donos, podem ser vítimas em caso de invasão, e por serem ambos seres sencientes tem necessidades e direitos, precisando de abrigo contra intempéries, alimento e água fresca oferecidos com periodicidade, assistência veterinária e carinho. A adoção é ato legal!
P á g i n a |29 Para a formalização da adoção e garantia da propriedade do animal é interessante que seja elaborado um termo de responsabilidade, entre doador e adotante. É um documento legal, que tem força executiva, ou seja, garante perante terceiros, e, inclusive, judicialmente, os direitos do proprietário-adotante e do animal. Arrependimento ou desistência da adoção, maus-tratos e devolução compulsória. Não é incomum a desistência do doador ou do adotante, por motivos que vão desde a não adaptação até maus-tratos. Para os doadores é sempre difícil provar que o animal entregue não esteja sendo tratado conforme o combinado ou de forma que atenda as necessidades da espécie e/ou individuais. Também é recorrente a doação para terceiros ou o abandono de animais por falta de adaptação. Para dirimir tais problemas, é possível assegurar no termo de adoção que haja a possibilidade de arrependimento por parte do doador, isentando-o da exigência de provar eventual maltrato, e no caso do adotante, a possibilidade de devolução, e até o impedimento de nova doação sem a anuência ou ciência do doador. O modelo incluso neste manual traz esta ressalva e é imprescindível para a segurança do ato de adoção e deve ser sempre observado e constar dos termos de responsabilidade. Onde adotar Para adotar cães e gatos, procure em sua cidade a prefeitura, o serviço de controle animal ou o centro de zoonoses e, ainda, as inúmeras organizações não governamentais de proteção aos animais, além de clínicas veterinárias e sites de adoção na internet. Adoção: somente de cães e gatos! Não adote, capture ou compre animais silvestres nativos ou exóticos! Animais de estimação são cães e gatos! MODELO DE TERMO DE RESPONSABILIDADE E ADOÇÃO Estou recebendo, em condições adequadas de saúde e higiene, em doação o animal doméstico de companhia: ( ) cadela ( ) cão ( ) gato ( ) gata ( ) SRD ( )raça_______________ nome pelagem idade esterilização ___/___/___ (atestado anexo) vacinação: ( ) raiva (carteira de vacinação anexa) ( ) V4 felina ( ) V5 felina ( ) outra _______ (carteira de vacinação anexa)
P á g i n a |30 ( ) V8 canina ( ) V10 canina ( ) outra _______ (carteira de vacinação anexa) vermifugação ___/___/___ RGA n. __________ Estou recebendo toda a documentação do animal: carteira de vacinação( ), receituários( ) e atestado de esterilização( ). Foram-me fornecidas orientações por escrito, de cuidado e manutenção do animal, que, neste ato, comprometo-me a seguir, para proporcionar-lhe uma vida saudável e feliz. Responsabilizo-me em alimentá-lo(a) e abrigá-lo(a), jamais privando-o(a) de liberdade, alimentação ou água como forma de castigo. Não o manterei exposto às condições do tempo, chuva, sol, frio, calor e não o repreenderei agredindo física ou moralmente. Será providenciado atendimento veterinário sempre que preciso e manterei regular sua vacinação (anual). Serei observador, verificando tanto as condições físicas quanto mentais do animal, como por exemplo, se está se alimentado e fazendo suas necessidades com regularidade, se está muito quieto ou triste, etc. Caso não tenha mais interesse em permanecer com o animal, por qualquer motivo, e independentemente do tempo que já esteja sob minha guarda, obrigo-me a contatar o doador, para devolução, mesmo quando já houver outra pessoa interessada em adotá-lo(a), pois esta deverá ser avaliada, orientada e o animal acompanhado. Estou ciente e não me oponho ao monitoramento a ser procedido e, a qualquer tempo, procedida a vistoria e havendo suspeita de condições que não atendam aos princípios de bem-estar animal não farei oposição à devolução do animal, resguardada a possibilidade de nova tentativa e comprovação de cessação das irregularidades, após uma primeira advertência. O doador e o adotante estabelecem, neste ato, o prazo de 60 dias - para o doador, e período indeterminado - para o adotante, para adaptação ou desistência do processo de adoção, independente de justificativa, importando na devolução compulsória do animal. Questionário e compromisso: Toda a família está de acordo com a adoção? As pessoas que prestam serviços domésticos na residência estão cientes da adoção? As pessoas que prestam serviços domésticos na residência gostam de animais? Durante as viagens, onde permanecerá o animal? Onde o animal dormirá? cozinha __ lavanderia__ quarto___ sala___ livre acesso ao apto/casa___ Quem será o responsável pela alimentação e cuidados gerais do animal cotidianamente? Como pretende repreendê-lo em caso de mau comportamento? educação___ (cidade), __ de __________ de 200_ Adotante: Doador: Nome Nome Endereço e Telefone Endereço e Telefone Assinatura Assinatura RG e CPF RG e CPF Animais, direito de vizinhança e direito de propriedade Como proceder quando há reclamação de vizinho alegando importunação provocada por animal de estimação 1. Animais em residência A primeira orientação é mostrar-se atencioso e solícito com o pedido ou a reclamação do vizinho. Deve-se evitar a todo custo estabelecer um clima de animosidade. É preciso demonstrar compreensão e transmitir ao vizinho a não intenção em perturbar o sossego, a saúde ou a segurança. No caso de reclamação por ruído: o proprietário do animal pode propor algumas modificações estruturais, como remanejamento do animal, trocando o local onde ele fica na casa, por exemplo. Se o animal late à noite, porque dorme no quintal, colocá-lo para dormir dentro da casa. Podem também ser procedidas benfeitorias simples e de muita eficácia, como o isolamento acústico, através de barreira arbórea ou arbustiva, junto às divisas da casa (muro), no canil ou onde o animal fica. Levantar o muro é outro recurso. Todas essas modificações devem ser participadas ao vizinho, que perceberá a preocupação em não trazer incômodo. Se os latidos forem por razões comportamentais e não de alarme, é preciso que um especialista em comportamento animal avalie. O animal pode estar uivando, por exemplo, por sentir-se só, sem atenção suficiente dos proprietários. No caso de reclamação por mau cheiro: também é preciso dar atenção à solicitação do vizinho e demonstrar a preocupação em não incomodar. A limpeza do quintal deve ser constante, ou sempre que o animal defecar ou urinar. Peça a atenção de toda a família e de funcionários ou
P á g i n a |31 empregados. A urina dos animais possui gordura, por isso o uso de detergente, sabão e água sanitária é importante. Nas casas especializadas existem à disposição produtos que auxiliam na redução de odores. Não esqueça, entretanto, de pedir orientação ao médico veterinário e verificar se o animal não possui alergia a determinados produtos. O quintal também não deve ficar molhado, para evitar micose nas patas, por exemplo. Mais uma vez, não deixe de participar ao vizinho os cuidados que tem tido. Busque apoio com outros vizinhos do entorno, e peça por escrito uma declaração de que eles nada têm a reclamar. Se a reclamação for quanto à segurança: mantenha avisos visíveis de que seu animal é bravo e o mantenha de forma a impossibilitar fuga. Cuidado com a altura dos muros e portões, principalmente com os de acesso à rua e pedestres. Animais, sobretudo cães não devem passear sozinhos. Além dos riscos que corre, lembre-se que as responsabilizações criminais e civis são sérias em caso de agressão. 1. a - quando problemas pessoais de vizinhança culminam na reclamação de ruído por animal Na grande maioria dos casos, os animais não são o motivo da reclamação. As discussões são motivadas por outras razões e os animais acabam sendo as vítimas. Neste caso, é importante elaborar um abaixo-assinado e solicitar aos vizinhos próximos e da redondeza que se manifestem quanto a não oposição e importunação advindas de seus animais, no que diz respeito ao sossego, salubridade e segurança. Este é um importante documento, caso a demanda se torne judicial. 1. b - se o caso chegar à delegacia ou Judiciário O reclamante, comumente, recorre às esferas administrativas e judiciais, ou seja: comunica a Subprefeitura ou o Centro de Controle de Zoonoses, que enviará um agente vistor sanitário para avaliar o local. Este profissional pode advertir o proprietário do animal e pode lavrar um auto de infração, determinando o cumprimento de exigências legais, bem como arbitrar multa. Sua entrada deve ser permitida, mas só é obrigatória com mandado judicial (ordem expedida por juiz). Nos distritos policiais pode ser lavrado boletim de ocorrência ou termo circunstanciado, com base, por exemplo, na infração ao art. 42, IV da Lei das Contravenções Penais: “perturbar alguém, o trabalho ou o sossego alheios, provocando ou não procurando impedir barulho produzido por animal de que tem guarda”. Após tomar a termo as declarações das partes envolvidas e o depoimento das testemunhas, o Delegado de Polícia remete o procedimento ao Juizado Especial Criminal. Lá é promovida a audiência preliminar, para tentativa de composição entre as partes. O reclamante também pode ingressar diretamente no Juizado Especial Cível ou nas Varas Cíveis, para exigir a cessação do ruído, com base no Código Civil, abaixo transcrito. Também será promovida uma tentativa de conciliação. Caso não aconteça, o Juiz sentencia, com base nas provas juntadas (documentais, testemunhais ou periciais). A Constituição Federal assegura o direito de propriedade, que neste caso, se refere tanto ao livre exercício de usar, gozar e dispor do imóvel, quanto à manutenção de animal, já que, no Brasil, os animais são bens de propriedade. Se o vizinho alega ruído ou importunação à segurança ou salubridade (saúde/higiene), cabe a ele fazer a prova. Em direito, via de regra, o ônus da prova é sempre de quem alega. Esta prova poderá ser testemunhal, documental ou pericial. A perícia de ruído consiste na medição do ruído, feita no imóvel reclamante, por engenheiro perito oficial, para constatação de eventual superação dos decibéis limitados por norma técnica brasileira. No caso de latidos, a medição é feita pela média de determinado período. Deve-se exigir a perícia ou prova irrefutável de comprovação do alegado. Se, portanto, o objeto jurídico reclamado é o ruído, e este ficar comprovado, ao proprietário do animal cabe fazer cessá-lo. O que não implica, jamais, na retirada ou renúncia de seu animal. (vide leis) 2. Animais em condomínio A manutenção de animais em condomínio, pela legislação vigente, só poderia ser vedada ou restringida, em caso de comprovação de importunação ao sossego, à salubridade ou à segurança. A convenção condominial está desautorizada a proibir a permanência dos animais domésticos, uma vez que o direito de propriedade é garantido pela Constituição Federal (cláusula pétria constitucional), assegurando o seu livre exercício. A Constituição Federal é a lei maior do país e todas as demais (federais, estaduais e municipais) devem a ela se sujeitar. A convenção condominial, embora assuma caráter normativo, é documento formulado por particulares, para regrar a convivência social em propriedades em comum. Logo, só pode determinar regras gerais que visem garantir a paz social e a boa convivência e que vigoram entre e para os condôminos. No tocante aos animais deve regrar, à luz da lei, limites à utilização das áreas exclusivas (unidades residenciais) e regrar a utilização das
P a g e |32 and the common areas of all of the owners, with a fractional ideals, and in proportion to the area they belong to. As a rule, formulated for individuals should be to guide the legislation, and not being able to counter it, or prove to be unfair. Even in the common areas of the rules that are to be guided by common sense, even though they have been made to and accepted by the assembly or by the bylaws by a majority of the tenants. In the case of domestic animals, they may take on the character restrictive, and is never off-putting. In this sense, what follows is the excerpt from the works of Jean-Baptiste Lopez, “the Condo”, Ed. HTTP: / / 7th, 2. 000, p. 143: let us Assume, for example, that a joint owner to keep in your apartment, small pets, such as dogs, pequineses, songbirds, or a cat, uncomfortable or insecure to do for the neighbors. Or, to use an example of an ad terrorem, assume that the joint owner has, in its dwelling unit, for a small tank or a turtle-10-cm. In such cases, the title of the standard, prohibition would be unreasonable attachment to formalism (summum jus summa injuria). As you can see, the only fact in the custody of the animals and do not characterize a violation of the Convention, but if you ever perquirir of the existence of a nuisance to your neighbors, or a threat to its security. Of course, if it is demonstrated that, in point of fact, it's a dog, pequinês, for example, is committed to the cleanliness of the joint owners, making their physiological needs in the common areas of the building, staying in place, must not be tolerated. The demarcation of the issue is, therefore, not only the fact of the guard, or the permanence of the animal in the flat, but as a nuisance or a menace to the health and safety of other tenants. It all depends, therefore, on the evidence of these circumstances, it is impossible, a priori, to say the prevalence of the un convention on the characteristics of each case”. With this understanding, it should be brought to the attention of the other tenants, to attempt to mix with the locals, and that can be done in a meeting, or as required. If you do not get a result, consideration should be given to the possibility of the prosecution of the action, which you'll want to declare that the right to property guaranteed by the Federal Constitution, which guarantees the free exercise thereof, such as the keeping of animals in residential units, provided that you do not experience harassment of the peace, the health, and safety. The laws which govern the material and guarantees the right to property: the Constitution of the Federative Republic of Brazil, is made in the 05. 10. In 1988 of Title II Of the Fundamental rights and Guarantees of Chapter I, Of the Rights and Duties of the Individual and the Collective, Art. 5. All are equal before the law, without distinction of any kind, in order to ensure for its citizens and for foreigners residing in the Country for the protection of the right to life, to liberty, to equality, to security and to property, as follows: Section XII – it is guaranteed the right to own property. The Brazilian Civil code of Federal Law no. 10. 406/2002 in section V – Rights of the Neighbourhood, Section I, Art. 1. 277. The owner or possessor of an apartment building (read: real estate in general), you have the right to cancel the interference is detrimental to the safety, peace and health of those who live there, caused by the use of the adjoining property. The Brazilian Civil code of Federal Law no. 10. 406/2002 Chapter VI. – The Condo is in the General Section I-Subsection I – The Rights and Obligations of the Tenants Art. 1. 314. Each joint owner may use the thing as it is disposed of, upon it to exercise all of the rights that are compatible with the com pany, to claim it from the third party, to protect his possession, and, from its perfect spot, or you write it. In chapter VII, Art. 1. 331. You may be in the building, parts of which are exclusively owned by, and the parties that are the common property of the tenants.
P a g e |33 § 1. The parties are capable of independent use, such as for the apartments, offices, halls, shops and sobrelojas, or shelter to the vehicle, with the corresponding fractions of the ideal soil, and in the common areas, subject to the sole and exclusive property and may be transferred to and recorded in the vicinity of their owners. Art. 1. 335. The right of joint owner: I use to enjoy, and to freely dispose of their units; II. use of common areas, depending on their destination, and telling him that it does not exclude the use of other compossuidores; III – voting on the resolutions of the meeting, and to participate in, and remove. Art. 1. 336. The duties of the joint owner: IV – take your parties to the same destination, which it has to-building, and do not use it in a way prejudicial to the peace, health, safety and security of the holders, or to accepted principles of morality. The art. 1348 and subsequent of the Civil Code, if there are terms of reference, constitution and the overthrow of the indian ocean, and the whole of the matter to which it pertine. The Manual of the Legal Protection of the Animal leads to two models of the declaration, for the apartment and the residence, which provides the request to the closest neighbors, and the neighborhood, that the approved may be made manifest to the opposition and harassment resulting from his animals with respect to the peace, health, and safety. This is a very important document in case the demand is becoming legal. The MODEL-OF-the STATEMENT (the Apartment) In the _____ of the _________2. 0__ I, ______________________________, the bearer of the identity document of the n. ___________________, and the owner of the property (a) of the able-n. ____, located at
P a g e|34 ____________________________, n. , in the city of São Paulo, state of são paulo, I, for all intents and purposes, that is, I am not opposed to the permanence of the domestic animals of the company on the grounds and units are residences in the Condominium Building that ________, as well as the traffic on the common areas, provided that they do not cause harassment, water, health or safety of the tenants, and that it is the responsibility of the owner to ensure, and to be properly carried out with a collar and a guide to transport in the carry case (*) in the elevator to the exit of the building; therefore, I hereby certify that the animal (s). the estimation of the species ____, the property of the Sr(a). ____, a resident of the apartment ___, it is not the cause of(m) any of the hassle. _______________ The signature of R. G. ___________ I have pet a kind): ____________________ I'm not an animal. (*) I am not opposed to keeping a carrying case with wheels on the ground, next to the shopping cart of the supermarket, from which the purchase is to be paid by the tenants in possession of the animal. The MODEL-OF-the STATEMENT (the Residence) In the___of the__________2. 00__, I, ______________________________, a resident of the _________________________________________________, n. ___, the district ________________, the city of ________, next to the Sra. _________________________, a resident of the _______________________________, n. ____, the district ___________, city _______________, this is to certify, to all intents and purposes, you do not have to make any complaint to make, primarily, as part of the noise, or the barking of two dogs, the property of the Sra. _______________________________, in the apartment above expressed, in the case of nuisance or harassment, in the peace and quiet , to your health and safety. Signature ________________________________________________ proof of Identity _________________________________
P a g e |35 and I don't have pets have pets _____________________ ADDRESSES AND other USEFUL INFORMATION, Police, Civil – general information and links to posts : 197 http://www2. policiacivil. sp. govt. de/index2. html Whistleblower report, it ensures the secrecy): the 181 Military Police: 190 (fire in the event of the provision of emergency relief to the animals, the victims of ill-treatment), Police, Military, Environmental, Tel.: : (11) 3221 6333 - to Dial a Environment – 0800 113560 information on the basis of the police militarambiental closest to the place of occurrence) Program of the Environmental Protection of the Metropolitan Civil Guard: 153 (works in the city of São Paulo, fire in the event of ill-treatment, to provide help, or the trade in illegal wildlife) Police in the Investigation of Crimes against the Animal of the Investigation of Crimes against the Environment: 1. the police Station, the Environmental Capital of the corner of Av. St. John's, 1247 – Centro – São Paulo – SP-brazil Tel.: : (11) 3338 0155/3331 8989 2nd, the Station's Environmental Capital, Rua Aníbal dos Anjos Carvalho, 87 – Cidade Dutra, São Paulo – SP-brazil Tel.: : (11) 5667 8254/5668 6193 in the Defense Sector, and the Protection of the Animals and the Civil Police of Campinas, Rua Odila Maia Rocha Brito, n., 8 - Campinas
P a g e |36, Tel.: : (19) 3254-2633 the E-mail address: sepama. - campinas@gmail username and password. with the police Station to give Protection to Animals, Ribeirão Preto, Rua Goiás, no. 656 – Campos Eliseos-Ribeirão Preto – SP-brazil Tel.: : (16) 3610 6067 Prosecutor - a Special Group to deal with Crimes against the environment, and the Division Jerky from Ground – GECAP Av. Abraham Brook, 313, São Paulo – SP-brazil Forum and the Criminal Mário Guimarães – Wing of the Ministry of Public gecap@ "admin". sp. govt. br Tel.: : (11) 3429 6427 (/routing-protocol-representation), the Public Ministry of the State of São Paulo, R. Brook, 115 - Centro - São Paulo - CEP: 01007-904, Tel.: : (11) 3119-9000 customer Service: Monday-Thursday Time: 09 am to 19 pm at www. is "admin". sp. govt. br-routing protocol/internet protocol representative, and request information about the attorneys general of the judicial district of the State of São Paulo Public Prosecutor's office, SAF, South Block, The 4 – Set-C – Brasília-DF – CEP 70050-900, Tel.: : (61) 3105 5100 http://www. not available. the mpf. govt. br/ 's Division of Wildlife in the City (DEPAVE 3) - Splitting Technique in Veterinary Medicine, Av. IV Centenario, Gate 7, customer Service: Monday-Friday, 7 am to 19 pm, Tel.: Fax: (11) 3885-6669 faunasvma@the town hall. sp. govt. br, www. the city hall). sp. govt. br/wildlife (answers only to the wild terrain encountered by the population and the wildlife victims of the illegal wildlife trade, which were sent by the authorities) IBAMA - Superintendent's office is in Sao Paulo Whistleblower complaint/the ombudsman's office: 0800618080 Directors: Alameda Tietê, no. 637 - Garden-Cerqueira César, 01417-020 São Paulo, SP, brazil, Tel. : (11) 3066-2633 - Fax: (11) 3066-2675 Voip is 80(11), with 2600 in the 2801 - general e-mail address: supes. sp@ibama). govt. br http://www. theoretical classes. govt. br/supes-sp/ibama-us-states-sp-IBAMA - customer Service Information for the Citizens of SIC SCEN – Section of the Sports teams of North, trecho 02, Ed. The seat on the Low block, I,, ZIP / postal code: 70818-900 Brasília, distrito federal, brazil opening Hours: Monday to Friday, from 8 am to 12 pm and from 14h to 18h. Tel.: : (61) 3316-1611 (in The case of requests for information must be made in person, on SIC a physical Low or in the electronic form through the e-SIC System (E-SIC), which is available on the www address (url). acessoainformacao. govt. br system), E-mail, sic@ibama). govt. br a Record of the Status – general information: http://www. cdtsp. com. br/form_pessoa_juridica. a php#3 http://www. cdtsp. com. us/forms/pessoa_juridica/assocsemfins2009. html, the Adoption of Pets:
P a g e |37 and Ngos Websites from the adoption of: http://www. gatoverde. com. us/links-of-acceptance/ Center for animal disease Control – css radio button style table - the Street of Santa Eulalia, The 86 – Santana: this service is available from Monday to Friday from 9h to 17h and Saturday, from 9 am to 15 pm, except on bank holidays. It is necessary to provide a social security number, ID, and proof of residency, and pay on the spot), the rate of the municipality pertaining to the adoption, that is, R$ 16,20 by the animal. The animals are available for adoption in the css radio button style table is vaccinated, spayed or neutered, micro-chipped, treated against fleas and ticks, de-wormed, and evaluated with regard to their behaviour. Interested candidates go through an interview with an employee from the industry's adoption. Adopters will also receive important information about the responsible ownership, and other guidelines of the animal, which is provided by the staff. At the time of the adoption of the animal will be registered in the name of the adopter (which must be of the age of majority). It is necessary to take the leash and take the dog and the shipping box in order to adopt a cat. Telephone for information: (11) 3397-8900 – Site: www. the city hall). sp. govt. br evaluated the illegal Trade in dogs and cats that are in the public squares, and boulevards (the city of São Paulo, brazil): The illegal trade in dogs and cats in public areas, must be reported to the local authorities, it has a legal obligation to fight against this practice in the areas under their jurisdiction. A complaint may be made by telephone, 156, directly on the square of the support that exists in each of the sub-prefecture. Get to know the local authorities, the subprefeitos and address: http://www. the city hall). sp. govt. br/town/city departments/local authorities/local authorities/subprefeitos/index. ph p?p=21778 Irregularities in pet shops, kennels and catteries (the city of São Paulo, brazil) In the case of irregularities involving the sale of puppies in pet shops, the complaint shall be forwarded to always be at the Center of animal disease Control – handset 156), or by e-mail zoonotic@the town hall. sp. govt. br