Abstract
Cultural heritage in Brazil and Spain has constitutional protection. It is stated that the environment, in its different meanings, is treated as a fundamental right in both countries and, therefore, arguments of lesser legal strength, including infra-constitutional norms, for possible disrespect toward environmental goods, including animal life, are ruled out. Thus, the aim of this article is to demonstrate that animal life has greater legal value than norms established under the argument of cultural heritage. The article was based on the hypothetical deductive methodology with a comparative legislative research technique, as well as bibliographical research and references in national and international journals. The results show that in Brazil and Spain animal life should have greater legal protection than arguments based on cultural heritage, concluding that, in honor of the theory of fundamental rights and modern constitutionalism, rules that allow animal suffering are unconstitutional and should therefore be removed from the legal system in Brazil and Spain.
Keywords:
Brazilian vaquejada; fundamental rights; intangible cultural heritage; Spanish bullfighting