Brazilian Bullfight in Light of the Federal Constitution

Abstract

This article uses the modern technique of constitutional interpretation, since conflicts like this can not be solved with the use of traditional legal interpretation, which is developed through the subsonic method of the rules to the concrete case. It is that the fundamental rights have the same normative characteristics of the principles, and they harbor in their bulge equally important opposing values. In such cases, the interpreter must have a creative role and, by means of the value-weighting technique, be able to gauge the weight of each of those fundamental rights that are at stake, in order to decide in favor dqauele that best suits social circumstances. Finally, the article analyzes the practice of vaquejada, a typical cultural manifestation of the Northeast region, demonstrating that the fundamental right to a balanced environment, free from practices that subject animals to cruelty (article 225, VII, CF / 88) must Prevail in relation to the fundamental right to free cultural manifestation, provided for in art. 215, CF / 88.

Keywords

• Crueldade contra os animais
• Efeito vinculante
• Controle de constitucionalidade
• Razoabilidade