The Justice of Limeira (SP) accepted a complaint from the Public Ministry of the State of São Paulo (MP-SP), this Monday (20), against the couple responsible for keeping 138 dogs and cats in unsanitary conditions in a clandestine kennel. Among the animals, there were hundreds of species of the Pomeranian Lulu breed, which are usually advertised in the pet market for up to R$ 15 thousand. According to the MP’s Environmental Defense Prosecutor, Luiz Alberto Segalla Bevilacqua, the penalty can reach up to 7 years in prison.
“The animals were deposited in completely unsanitary places. The veterinary reports, attached to the complaint, are blunt and attest to the conditions under which the dogs and cats were treated. Now, the animals are protected,” said the prosecutor to the g1.
In the complaint, prosecutor Luiz Alberto Segalla Bevilacqua also requests information to determine how much was spent on the treatment of these animals after rescue, by representatives of civil society, to seek possible compensation in the criminal sphere. This evidence, according to the magistrate, should result in a public civil action for moral damages to the community.
The investigated filed an appeal to prevent the definitive delivery of the animals to third parties. According to the prosecutor, the court has already authorized a provisional alienation of the animals. The animals are protected.
“[…] I expressly postulate that E. Juízo, by preferring r. sentencing sentence fixes the amount of compensation for material damage (amounts spent on the treatments given to the apprehended animals), as a result of the criminal conduct of the accused, in an amount to be informed in due course by the Learned Police Authority in favor of the people who paid for the aforementioned treatments, that is that in the file it was already pointed out that there was payment of veterinary consultations and other expenses, for the adequate treatment of the animals […]”, requests the prosecutor in an excerpt from the complaint sent to Justice.
OAB assists in a request for permanent injunction
The Environment and Animal Welfare Commission of the Brazilian Bar Association (OAB) started a work of legal support in the request for permanent custody of the 138 dogs and cats rescued from a clandestine kennel, in Limeira (SP) in April. The couple who owned the space were arrested, but were released after posting bail.
The animals were temporarily taken in by Non-Governmental Organizations (NGOs), to receive assistance and health, bathing, grooming and food, but for them to remain with the entities and can be donated, judicial authorization is required.
In a note, the president of the commission in Limeira, Valdete Denise Koppe, informed the group has been working on raising awareness of castration, curbing the culture of animal abuse and also on processes involving animals, including the case of April 13.
After a week, Lulu da Pomeranian dogs rescued in Limeira are still recovering
“We are working on the process in order to protect the health, physical and psychological integrity of the animals, so that they never return to the state they were in”, he communicated.
She explained that the NGOs were “faithful custodians” of the dogs and cats, which means that they have an obligation to guard and care for them during the course of the judicial process on the case.
“We are working with the judiciary so that these animals can be permanently protected, in order to maintain a life with health, well-being and dignity”, he added.
Animals were found in pens created in several places on the property — Photo: Wagner Morente
One of the NGOs to receive part of the animals was the Limeirense Association for the Protection of Animals (Alpa). “Animals with anemia, with eye and ear problems, skin problems, some with back problems. Many of them had to do a complete clipping, which is not even recommended for the breed, but they had tangled hair, causing a wound on the skin, which had no other way for several of these adults “, reported Larissa Maluf, Alpa volunteer.
According to her, all 69 animals under the tutelage of the NGO had a blood count, in addition to ultrasound in the females to identify if they are pregnant.
She says that the entity has received many messages about the possibility of adopting the animals, but stressed that before that it is necessary to provide all health care and obtain guardianship of them.
Animals were fed, bathed and groomed after rescue — Photo: Edijan Del Santo/ EPTV
“It is a lengthy process, which is even being prepared by our legal department. These animals, first, we need to have their definitive guardianship and then talk about adoption. And at an opportune moment we will talk about it. These animals will be neutered, vaccinated, microchipped, and then the interviews and the term of responsible adoption will be done.”
At the moment, help can be made through donations. For Alpa, information about support can be found on its official website.
clumps amid urine and feces
The animals were trapped in several rooms of the residence and in fences of about two meters, with an average of 12 dogs in each, outside the house, in the midst of feces and urine.
Animals were in the midst of feces and urine, according to GCM — Photo: Wagner Morente
Inside the property, there was odor of urine and feces and newborn puppies trapped in dog transport compartments, the GCM reported.
Inside a refrigerator with food, veterinary medicines were also found, with use only allowed for professionals, some of them expired. According to the GCM, if it is proven that the owner used the medicine on animals, he may be criminally liable.
Animals in a bathroom stall at the clandestine kennel — Photo: Wagner Morente
The Municipality’s Animal Welfare Sector and the Limeirense Animal Protection Association (Alpa) were also at the scene. The Zoonoses sector also collected water samples with dengue outbreaks.
The owner of the place, along with his wife, were arrested when they arrived at the condominium and taken to the General Investigations Police Station (DIG). However, the couple was released on Friday (15), after posting bail.
The home’s owner and his wife were arrested — Photo: Wagner Morente
Location of BRL 33 thousand
The Civil Police located and seized R$ 33 thousand in cash at the farm where the animals were rescued. According to the delegate of the General Investigations Department (DIG), Leonardo Borges, the money was located in the midst of expired vaccines or in a poor state of conservation.
“This money is possible to derive from the trade of these animals in extreme vulnerability”, pointed out the police chief. According to NGOs, the sale value of each dog of this breed exceeds R$ 3 thousand.
Money seized in clandestine kennel in Limeira — Photo: Reproduction / EPTV