The same as it happened with the metadata law, the Constitutional Court has once again considered that the criminal rules that punish individuals convicted of slaughter, mistreatment and abandonment of pets are not in accordance with the fundamental law.
As a result, the law that provides for the criminalisation of mistreatment of pets, which according to Público newspaper was declared unconstitutional for the third time on 5 May, may even be abolished.
If the Constitutional Court decides to prohibit this law, we will return to the legal framework of 2014, when the slaughter of an animal or mistreatment wasn’t a crime and was punishable by a fine of up to 3,740 € for individuals, the same newspaper reports.
The law was declared unconstitutional due to the principle that only attacks on values protected by the Constitution of the Portuguese Republic can be punished with imprisonment, namely the right to life, the right to physical and moral integrity, freedom, security, private property and freedom of expression. According to Público, the Constitutional Court judges do not agree on which value is violated when an animal is killed or mistreated.
In this regard, Inês Sousa Real, leader of the PAN (party known for defending animal welfare), in statements to Público, said that people will not understand if the Constitutional Court abolishes the law. Furthermore, she promised to present a proposal for a constitutional amendment to allow these crimes to continue to exist in the Portuguese legal system.
They might also want to look at laws around people letting their dogs **** all over the pavements and just leaving it there. You can barely go a few meters in many places without having to dodge another pile, it seems even worse in places like Cascais and Estoril!
By John Smith from Lisbon on 26 May 2022, 09:13
what a disgrace,shameful!This opens the door to so many atrocities!
By DK from Lisbon on 26 May 2022, 10:48
John Smith is absolutely right but the Algarve is even filthier. Not to mention how people leave their dogs chained up or on verandas barking and howling 24/7.
By K from Other on 26 May 2022, 12:41
We are the protectors of these harmless souls and they depend on us. Animal cruelty needs to be prosecuted with jail time as well as fines to send a message to offenders. We must support the amendment when it comes up. Chaining up animals barking 24/7 besides cruel should be punishable by fines. Petitions should be circulated in cities for the municipal govt. to install plastic glove stations requiring owners to pick up their droppings as in the US; it's a health violation punishable by a fine requiring pet owners to take responsibility. It will eventually happen because petitions will appear and thousands will sign to put it to a vote; times are changing and many of us refuse to put up with the inconsiderate these days.
By Wes from Porto on 27 May 2022, 04:31
I´m struggling INTELLECTUALLY w/something (when I move past the emotional impact of the moral depravity displayed here). Court Judges claim they´re in doubt on which value is violated when an animal is killed or mistreated; yet the values that can be “judged” include “physical and moral integrity, freedom, security” rights(in Humans). So it seems that it is not that there are no valid legal pathways (enshrined in Law, the rights mentioned) to judge how to punish. Don´t animals have a PHYSICAL BODY? Then the physical integrity being violated applies- when ppl poison/lock up/starve/dehydrate/beat up/maim an otherwise “physically whole” animal. Animals in acute/chronic distress tend to send very clear signals, recognizable by other animals of different species; the MORAL INTEGRITY applies here. PROTECTION: are you kidding me? Do I need to argue against human beings doing clear harm to animals, when if it happens the other way around, judges show no controversy/confusion as to how to proceed??? How dare they honestly call themselves Court Judges when they act like tyrants and cynics? (I bet this last statement deserves judicial condemnation in their eyes, but not the cruellest/clearest abused animals??!!?!? Go figure, “special” criteria.)
By guida from Lisbon on 27 May 2022, 05:56
If anything is unconstitutional it is this court and should be abolished as it is not fit for purpose!
By Greg from Other on 28 May 2022, 07:56
The Constitutional Court is a shame to Portugal's honour and dignity. I would trust more in a dog decision than theirs'.
By Diogo F. from Madeira on 29 May 2022, 00:45
That really is disgraceful, and the abuse is already obvious, with no law it will just get worse. We need to fight for those who don't have a voice.
I totally agree with John re picking up doggy doo, now that should carry a heavy fine if you don't.!!!
By Janice Hellyer from Lisbon on 31 May 2022, 07:20
To: K
You would bark and howl too, if you were chained up 24/7, 365/365, for your whole life, like so many dogs in Portugal. It's a shame and a scandal.
By Guenady from Lisbon on 18 Jan 2023, 08:06