THE UNCONSTITUTIONALITY OF THE PRACTICE OF ZOOPHILIA: ANALYSIS FROM THE CONSTITUTIONAL COMPLAINT 1 BVR 1864/14 BY THE FEDERAL CONSTITUTIONAL COURT OF GERMANY

Abstract

The present study aims to analyze the constitutionality of the practice of zoophilia, considering the potential conflict between sexual self-determination and animal protection, based on the judgment of Constitutional Complaint 1 BvR 1864/14 by the Federal Constitutional Court of Germany, which, although he was aware of the aforementioned complaint, he understood it to be unfounded, as German legislation protecting animals does not violate the fundamental rights of the complainants, and the ban on the practice of zoophilia in the country must be maintained. From this approach, it was verified how the issue of zoophilia occurs in Brazil, through the analysis of the treatment given to animals by our legal system, as well as the current jurisprudence of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ ). In the end, it was observed that the practice of zoophilia exposes animals to cruelty, which is expressly prohibited by article 225, § 1, VII, of the CF, in addition to violating their dignity, which is why it must be considered unconstitutional, even if this implies restrictions on individuals’ sexual self-determination.