A raiva humana e a proteção jurídica dos animais

The hydrophobia epidemic in the Brazilian states of Pará and Maranhão transmitted by the ‘vampire’ bat desmodus rotundus, have resulted in close to 300 human deaths since the year 2004. This paper studies the legal perspective about the cases in the towns of Pará State (Portel – 2004, Viseu and Augusto Corrêa – 2005), based on reports done by IBAMA – Brazilian Institute of Environment and Renewable Natural Resources, and SESPA – Para’s Health Agency. The epidemic in the town of Portel has passed, but in the towns of Viseu and Augusto Corrêa it is just controlled, and so, the reports about this area, which is an Exploitable Sea Environment Reserve, aren’t finished, but the hypothesis permits us to make certain reflections. Analyzing the situation, we saw that the right to defense that legalizes the control of animals of prey is not just, because the epidemic was caused by an environment imbalance, generally resulting from human acts. These human acts, in the case of the town of Portel, could be prevented if the State had promoted effective environmental education and policy, because the reports tell about illegal timber exploration and hunting of subsistence animals, more than the fauna is able to recuperate itself and maintain it’s ecological function. There occurred a break in the food chain, and the bats started to attack the people. In all the areas the people live in houses without even walls, being completely vulnerable, and other factors make evident their poor welfare. The desmodus rotundus seeks tranquil victims, because it is small and fragile. The scientists believe that it’s teethmarks do not cause scabs, because the human victims didn’t awake in the nights when they were attacked. So, SESPA’s technicians believe that the bats are becoming adapted to these new and easy preys.