Legislation in case of being run over - How does it work?

Legislation in the event of being run over is still non-existent in Brazil when it comes to animals and, with the implementation of specific rules in countries on the European continent, the lack of rules to protect Brazilian pets returns to the topic of discussions. Different laws that guarantee increasingly harsh penalties for people responsible for mistreatment of pets are already known here and it is not uncommon to find cases of denunciation and punishment for those who practice such evils.

However, issues involving vehicle accidents still do not specify rules regarding the failure to provide assistance to animals, maintaining the cases of death of dogs and cats in areas of high movement of automobiles, both frequently and without a predicted solution. One legislation in the event of being run over specific animal treatment was implemented at the end of last year in Italy, and provides both the aid to the pet and the possibility that those who help it can have the advantages of anyone in an emergency case, so that the rescue and treatments due to the injured animal can be carried out as quickly as possible.

While in Brazil - especially over the last decade - there is an increasing engagement of nature lovers in the fight for animal rights, this type of problem continues with rules that aim only to punish those responsible for loose pets and to compensate owners of animals. damaged vehicles, without considering any type of assistance or specific assistance for the animals involved, which further contributes to the lack of care for pets in these cases.

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Find out more about the existing legislation in relation to this type of occurrence, below, and how Brazilian legislation standards could help dogs and cats run over daily in high-traffic areas.

Italian legislation in the event of animals being run over

In force in Italy since December 27, 2012, the legislation referring to cases of running over animals determines that any citizen who witnesses an accident of this type must help the pet in question, whether he is responsible for what happened or not.

According to the law, whoever helps the injured animal in such an occurrence has the right, even, to pass red traffic lights to facilitate its arrival at a Veterinary clinic, ensuring that the emergency is properly attended without taking any kind of fine and, also, having the help of the other drivers present on your way (who should facilitate the passage of the vehicle taking the injured animal).

With the new rule in force, the Country of tower of Pisa equates the obligation of rescuing animals to the rules applied to the rescue of humans, and becomes one of the most active in respecting and protecting animals. According to information released by the newspaper Corriere della Serra (one of the main Italian publications) at the time the law came into force, a specific emergency system for rescuing animals would also be developed in the country, forcing citizens to call ambulances that can provide first aid to injured animals on the spot of the accident.

Brazilian legislation for animals

Although there is still no law that determines norms for the citizen to deal with the running over of animals, Brazil already counts on specific animal legislation addressing protection rights. One of the best known in this regard is Decree Law No. 24,645 of 1934, which defines ill-treatment against animals.

Spanning the entire country, the law states that any citizen who is responsible for mistreatment of animals must be punished with a cash fine and imprisonment for up to 15 days. According to the decree, actions against animals that include all types of cruelty, abuse, staying in unhygienic places or that prevent them from moving and excessive work are considered mistreatment, and striking, injuring, abandoning, punishing and flogging animals are also on the list.

The laws of number 9.605, of Environmental Crimes; 11,977, for the Protection of Animals in São Paulo; and 11,794, of the Regulation of procedures for the scientific use of animals; are also good defense and protection tools of the animals, as detailed below:

Law No. 9,605 - Condemns all types of abuse and mistreatment of animals, whether domestic, domesticated, native, exotic or wild. The penalty against the person responsible for the aggressions varies from a fine to detention, which can go up to one year and can be increased if the animal dies.

Law No. 11,977 - Punishes those responsible for physical attacks or offenses against animals, in addition to any experience that may cause damage or pain to them. Ensures the animal law to bright spaces and where they can move, and prevents them from being forced to work excessively through punishment or aggression.

Law No. 11,794 - Establishes rules regarding the use of animals in scientific experiments, restricting their use for research related to technological development and quality control of medicines, food and drugs, in addition to excluding any type of identification that may cause pain in the animal and interventions such as form of scientific research.

Running over animals

In a country like Brazil (as in so many others), you will hardly be able to find someone who has never witnessed the running over of an animal or has seen one of the victims of this type of accident on the side of major roads. Locations with a lot of movement of automobiles, such as avenues full of big capitals or roads all over the country, are among the main scenarios of fatal occurrences for animals, who still count on the goodwill of the citizens to have a chance to help.

As previously explained, Brazil already has laws that seek to guarantee the rights and protection of small animals (whatever species or race it is), however, because they have loopholes and confusions that make them less specific, these rules end up leaving a lot to be desired when it comes to running over animals.

While several institutions that fight for the protection of animals defend that Federal Law No. 9,605, of Environmental Crimes, can be used to punish the omission to help animals in the event of being run over (since it determines punishments for any kind of cruelty or mistreatment against them), the authorities may still have a different opinion, since there is nothing specific within the law on being run over and, therefore, the relief would be considered optional.

Today, in the country, the rules and norms known about accidents involving animals only determine who can be held responsible for the causes of the occurrence and who should bear the losses. The person named as responsible for an animal is automatically to blame for any type of accident caused to third parties due to negligence on their part, even if it is just a distraction where their animal was released.

According to the Brazilian Civil Code, of 1916, "whoever, by voluntary action or omission, negligence, or recklessness, violates the law, or causes harm to others, is obliged to repair the damage". However, as the phrase itself already shows, the determination is extremely widespread, and it is useful only to find possible culprits and financial lenders for a damage caused, without any specific rule or norm in relation to the rescue and animal care that caused or was the victim of the accident.

While it is possible for the trampling of an animal to be reimbursed and reimbursed for any kind of personal or material damage that it has on such an occasion, nothing can be done (at least, judicially) to ensure that, in such a situation, a citizen be obliged to help and rescue the victim if the animal is an animal.

In the case of traffic accidents caused by stray animals, it would be the responsibility of the State to prove that it acted in order to avoid the presence of the animal on the track to avoid occurrences, however, in this case also absolutely nothing is specified in relation to the rescue or assistance animal, which remains ignored in the question.

This helps to give an idea of ​​how much our country still needs to apply attention to the drafting of new rules and laws that can guarantee the welfare and rights of animals, showing how far behind Brazil is in relation to other countries (as Italy), where assistance and care for animals is guaranteed and charged by the government as much as it is with regard to human beings.

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