Brazil: dog or cat, what the law says

Cruelty is a crime

Article 32 of the Environmental Crimes Law (Law 9,605/1998) punishes anyone who abuses, mistreats, wounds or mutilates wild, domestic or domesticated, native or exotic animals. The base penalty is detention of three months to one year and a fine. The law does not list the acts: in each case, it is the courts that decide what was cruelty.

For a dog or cat the penalty is much higher: imprisonment of 2 to 5 years, a fine and a ban on keeping animals (§ 1-A, added by Law 14,064/2020). The same penalty applies to anyone who does or allows a tattoo or piercing on a dog or cat for aesthetic purposes (§ 1-B, Law 15,150/2025). If the animal dies, the penalty rises by one sixth to one third (§ 2).

The owner answers for damage

The Civil Code says the owner or keeper of the animal will make good the damage it causes, if they do not prove fault of the victim or force majeure (art. 936). The word “keeper” also covers whoever has the animal in their care without being the owner. A bite, an accident with the animal loose on the street or damage at the neighbor’s house are examples where this rule may be used.

States and municipalities also legislate on fauna and on matters of local interest (Constitution, arts. 24, VI, and 30, I and II). That is why rules for living together, such as leash, registration and muzzle, can change from one city to another: check those of your city hall.

Condominium and rental

The Superior Court of Justice (STJ) decided, in REsp 1,783,076 (Bulletin 649, 2019), that a generic restriction in the condominium bylaws banning the keeping of animals of any species in the units is illegitimate. A bylaw that bans only animals that bother other residents has, in principle, no illegality.

The limit comes from Civil Code art. 1336, IV: a unit owner cannot use their unit in a way that harms the peace, health and safety of others. According to the STJ, the restriction is justified to preserve safety, hygiene, health and peace. Constant noise, dirt in the common areas and risk to neighbors are what can become a problem.

In a rented home, the Tenancy Law (Law 8,245/1991) does not deal with animals: what the lease says counts. Read the clauses before signing and agree in writing with the owner.

Neutering, vaccine and microchip

Law 13,426/2017 deals with birth control of dogs and cats by sterilization, in public programs that give priority to places with overpopulation and to low-income communities. The text does not oblige each owner to neuter the animal: that decision is yours, with the vet.

Vaccines, dewormers and each animal’s schedule depend on age and region, and the vet decides. The microchip is mandatory for the animal’s passport: the Ministry of Agriculture accepts those that follow the ISO 11784 standard or annex A of ISO 11785, and the chip is read when the passport is issued and before boarding.

Traveling with the animal

Within Brazil, the animal’s health certificate is mandatory for national transit, and the passport can replace it. For abroad, the health status and sanitary history must be in a document issued by the Brazilian veterinary authority and accepted by the destination country (Ministry of Agriculture and Livestock).

There are two documents. The Passport for Transit of Dogs and Cats is valid for life, but only in countries with an equivalence agreement; the animal must be at least 90 days old, have a microchip and an owner resident in Brazil, and the issue time is 30 working days after the request. The International Veterinary Certificate (CVI) is issued for each trip.

How to report cruelty

In the crimes of Law 9,605, the criminal action is unconditionally public (art. 26): the Public Prosecutor’s Office does not depend on a complaint from the victim. Anyone who knows of the fact can report it to the police authority, orally or in writing, or give the information in writing to the Public Prosecutor’s Office (Code of Criminal Procedure, arts. 5, § 3, and 27).

If possible, note the address, date and time, and keep photos and videos. Whoever has custody of an injured animal should take it to a vet.