BRAZIL: Decision Pending THIS WEEK

 In Brazil, the situation has been a long and complex. The case began in 2017, following reports of severe animal welfare violations during live cattle exports. In December 2017, the Fórum Nacional de Proteção e Defesa Animal filed a public civil action (ACP) requesting an immediate ban on live exports.

In February 2018, a first-instance judge issued a preliminary injunction (liminar) prohibiting a specific shipment of 25,000 cattle aboard the MV Nada from the Port of Santos. This decision included requirements for inspections and welfare assessments. However, within days, the injunction was suspended by an appellate court during judicial recess, allowing the shipment to proceed. In May 2019, the preliminary injunction was definitively suspended pending the outcome of the case, and exports continued under Brazil’s existing regulations.

The landmark first-instance decision came in April 2023, when the 25th Federal Court of São Paulo ruled to prohibit live cattle exports by sea across Brazil, citing violations of animal welfare laws and the inherent cruelty of the practice. This decision was celebrated as a historic milestone in animal law. However, the federal government immediately appealed, which has delayed its enforcement.

The case is now under review at the Federal Regional Court of the 3rd Region (TRF-3), with a panel of three judges presiding. The appellate process began in late 2024, and thus far, only the rapporteur (relator) has voted. Unfortunately, the rapporteur ruled against upholding the prohibition, citing economic impacts and the supposed sufficiency of existing regulations—arguments that disregard the dire animal welfare issues and the inadequacy of enforcement mechanisms. The case was temporarily suspended after another judge requested further review ("pedido de vistas").

The next hearing is reportedly scheduled for February 19, 2025, when the remaining judges will deliver their votes. It is hoped that the unregulated nature of the live ex trade from Brazil will be appropriately assessed and the original decision upheld.