Criação e utilização de animais em atividades de ensino e pesquisa científica em face do direito ambiental brasileiro: a lei 11.794/2008 e seu enquadramento constitucional

Abstract

In order to regulate the item VII of § 1 of Art. 225 of the Federal Constitution, establishing procedures for the scientific use of animals (creation and use of animals in teaching and scientific research activities), the law nº 11.794 / 2008 not only restricts the use of animals in educational activities to higher education and technical vocational education establishments of average level of biomedicine as also ratifies the anthropocentric interpretation of environmental law in favor of life to define the animal's death by " humanitarian means". The death by humanitarian ways means animal death involving a minimum of physical or mental suffering. With the advent of the law beyond the obligation of structuring the CEUAs — the Ethics Committee in the Use of Animals — next to the IES, its members and the teaching institution itself also come to respond according to the constitutional structure of triple and solidarity environmental responsibility. Thus the actual meaning of the content indicated in art. 225, § 1, VII of the Federal Constitution must be observed in favor of a scientific development not only adapted to the progress of science, but mainly oriented to the solution of Brazilian problems (CF art.218) within a linked interpretation not only to the dignity of the human person as the so-called welfare of animals defined by expert criteria.