A LEGITIMIDADE ATIVA DO MINISTÉRIO PÚBLICO PARA AS DEMANDAS DE PROTEÇÃO À FAUNA: UM APORTE NA TUTELA PREVENTIVA CONTRA PRÁTICAS CRUÉIS EM ANIMAIS DOMÉSTICOS E DOMESTICÁVEIS

Abstract

This work aims to analyze the importance of the Public Prosecutor’s Office performance to fauna’s protection, especially with regards to domestic and domesticable animals. The paper has the goal to examine the active legitimacy of that public office, from the perspective of constitutional theory and civil proceduralism, to conclude for the existence, or not, of an extraordinary legitimacy so as to obtain the animal protection referred in the 1988’s Federal Constitution, focusing on Preventive Injunctions for that purpose. The logical-deductive method was the used methodological procedure, with the research techniques of bibliographical review (with focus on specialised literature, scientific articles, academic works and analysis of legislation) to make conclusions on the legitimacy of the Public Prosecutor’s Office to the Class Actions for the protection of domestic and domesticable animals, with special attention for the use of Preventive Injunctions.