THE LIMITS OF THE STATUTE OF THE CHILD AND ADOLESCENT IN THE FACE OF THE PRACTICE OF INFRACTIONAL ACTS CHARACTERIZED BY EXTREME CRUELTY AGAINST ANIMALS: THE INSUFFICIENCY OF ARTICLE 122 OF THE ECA AND THE DEBATE ON EXPANDING THE CONCEPT OF PERSON FOR THE

Abstract

In this work, the insufficiency of art. 122 of the Statute of Children and Adolescents in the face of the practice of infractions characterized by extreme cruelty against animals was analyzed, seeking to understand the limitations of the hospitalization measure restricted to cases of violence or serious threat to the human person. The legal foundations that support this limitation were investigated, as well as the possibility of expanding the concept of "person", in the light of constitutional environmental protection and the Theory of the link. Qualitative methodology was used, exploratory and descriptive, based on bibliographic and documentary research, including analysis of legislation, doctrine and empirical data. It was observed that, although the Brazilian legal system has advanced in the protection of animals as sentient beings, the socio-educational system remains restrictive, generating a normative gap in the face of high severity conduct. It was identified that the Link Theory reinforces the relevance of the theme by indicating the relationship between violence against animals and broader social risks. The results show that the normative limitation compromises the effectiveness of the state response, and the legislative update is necessary. It is concluded that the amendment of art. 122 of the Statute of Children and Adolescents is the most appropriate measure to ensure greater coherence, effectiveness and preventive character to the legal system.