FROM FREEDOM TO CAGE

DIAGNOSIS OF INSTRUMENTS TO FIGHT TRAFFICKING IN WILD BIRDS IN PERNAMBUCO

Abstract

Wildlife trafficking leads to the extinction of species all over the world, and birds are the main victims. Thus, the research aimed to study the actions of the state in the criminal prosecution of those involved in the aforementioned illegal trade, analyzing if the actions carried out by the Public Power in Pernambuco led to effective punishment of criminals. The research collected data from the environmental police database (2018-2019), as well as through the application of a semi-structured survey applied to its members. Data from State Judiciary procedural monitoring systems (2014-2019) were also collected. The results show that the capture of birds in the wild is continuous and without control, being the flea markets as the main points of commercialization of birds. Despite its small contingent, the environmental policing company plays a limited but essential role in combating the illegal bird trade. The absence of evidence of environmental damage or difficulty in measuring its scope is another aspect that usually exempts the agent from any liability under the law. Overall, animal trafficking seems to be considered no relevance to criminal law levels, which in part derives from the low coercive power of punishment of the environmental laws, the precariousness of inspection bodies, and cultural reasons. To minimize the negative impacts of the activity, it is not enough to change the law and impose stricter sanctions. There is a need to restructure defense entities and invest in environmental education.