by Renata de Freitas Martins, An environmental lawyer (renata@conjectura.com.br)

INTRODUCTION

We are currently experiencing a very important ethical moment and the legislature from the presence of animals in circus shows.

Many states and municipalities have paid attention to the issue, especially by increasing claim of society to end the cruelty that subsumption of nonhuman animals to human animals in circus means. Currently there are five states that prohibit presentations, as well as over fifty municipalities across the country.

There is still in progress draft laws in many cities, some Member, highlighting the Bahia (PL 16.957/07, authored by State Representative Javier Alfaya) and also one of the Federal, the PL 7291/06, currently being processed in the Education and Culture Committee of the Chamber of Deputies.

The approval of the aforementioned bills is paramount, as can be seen from the arguments we present below.

ORIGINS OF THE USE OF ANIMALS IN CIRCUSES

According to Antonio Torres, on your History the circus in Brazil (Funarte, 1998), is possible that the circus has its roots in ancient Greece and Egypt. The performances of this period had the form of processions, whose purpose was to celebrate the return of war. In these processions, paraded strong men leading the losers, brought as slaves, and exotic animals, used to demonstrate how far the generals were winners.

There, yet, records the presence of circus art in China, where the stunt was quite popular, dated over 4 anos honey. Reports are that the Chinese organized an annual festival of this type of presentation. His numbers have originated from the tightrope and balancing on hands.

Shows similar gained strength in the Roman Empire with the presentation of unusual abilities in large amphitheatres, as the Circus Maximus in Rome and, later, the Colosseum, which involved nearly a hundred thousand spectators. It was part of the fun, beyond the display of skills, exposure to the rare, Eccentric, the unusual - like exotic animals, blond Nordic men, swallower of fire,Gladiators, among other attractions. In the period of persecution of Christianity, arenas were occupied by shows of violence, how the bloody delivery Christians cats.

In the course of time, the impetus was fun taking new forms and occupying different spaces. For centuries, artists exhibited at fairs popular, public squares and churches entries, with magic tricks, juggling and other skills deemed unusual.

Or modern circus, in the way we know it today, with paid performances, ring,tarpaulin and surrounded by bleachers, 's latest invention. Was created em1770, por Philip Astley, NCO Englishman who commanded cavalry presentations. In his circus, Arthouse with horses, Astley included acrobats and clowns. The huge success of the show in London inspired the creation of similar performances across Europe and beyond the boundaries of the Old World.

U.S. us, first country in the Americas to receive this attraction, Circus consolidated its characteristic itinerant, travel to different cities to make presentations. Also in the United States, the show devoted to the presentation that considered eccentricities - bearded ladies, Dwarfs, Giant, Siamese twins, very old people and human and animal strains.

In Brazil, no record of the existence of small circus shows from the late eighteenth century, probably brought by expelled Roma in Europe. In their presentations, these artists used taming of animals, Numbers and conjuring up puppet. Or modern circus, however, only came to the country in the nineteenth century. Encouraged by economic cycles Coffee, the rubber and cane SUGAR, large European companies came to present themselves in Brazilian cities. These were companies that helped form the first families to circus, responsible for the progress of circus art in Brazil.

The development of the Brazilian circus was not in terms of space and equipment - focused on the human element, in their skill and ability. Were kept classic numbers, as the swallower of fire or string bamba, created and new attractions adapted to the local culture. Our clowns, eg, always talked a lot and used a type of humor more malicious, unlike european clown, was, by tradition, a mimic. Numbers dangerous as the trapeze or taming animals also gained more space by somehow very pleasing to Brazilians, the time devoid of information about doma, keeping animals in circuses and the like.

The circus as we know it, therefore, result of the evolution of the circus. This traditional spectacle, familiar, composed of clowns, trapeze, magicians and trainers, that populated the childhood of many and occupies space in the national memory, passes, not present, for new changes, following its course of evolution.

The emergence of large urban centers, technological development, economic growth of the culture, competition from new forms of entertainment circus shows led to professionalize and focus on performance artists.

In this new scenario, knowledge circus is not transmitted only from father to son - requires preparation in specialized schools. Today there are few circuses that continue family.

Many owners of businesses who acted in circus arenas prefer to ensure that their children study and remain in the circus not as artists, mas as administrators. The change in values ​​and profile of our society, increasingly urban, has created demand more sophisticated and cosmopolitan for art. To adapt to changing times, circuses are already incorporating attempts to develop a different kind of spectacle involving new languages ​​beyond the traditional attractions.

The contemporary circus - or new circus, as some historians call it - presents a model that thrives today, known as Circus Man, because it involves only the human figure in performances, excluding the participation of animals. Its format, still under development, represents an attempt to adapt the circus arts to the contemporary art market requirements, to make it accessible to all audiences, respecting social values, while meeting the primary objectives of the circus: provide joy, illusion and fantasy, in favor of entertainment. Several international circuses, such as Cirque du Soleil, Canada, and Circus Oz, Australia, adopt this new artistic approach, that does not allow the use of animals, giving way to the human performances. In Brazil, many circuses guided by this conception, as the Circus People of Brazil, Bands of intrepid, os Irmãos Brothers, Circus Wheel Brazil, Theatre of Anonymous, among many others.

This new model has contributed to the appreciation of circus artist, creating a promising market for this highly competitive professional, with remuneration linked to your ability and the difficulty level of the display.

MAINTENANCE AND TRAINING OF ANIMALS IN CIRCUSES: GENERAL

It is known that non-human animals are endowed with feelings and instincts. So, as rational animals sayings, feel pain, fear, anguish, stress, pleasure, displeasure, sadness, etc.. They are sentient beings and should have the same consideration to life than any other living, because they are all on the same moral ground. We circuses, so that the animal is present gentle and obedient, each species is trained in a certain way then explained:

ELEPHANTS

"How do to get the attention of an elephant 5toneladas. Surre-o. Here is how. " (Saul Kitchener - director of the San Francisco Zoological Gardens)

_ Before the circus chegarem, go through months of torture. Are tied sitting, a cage where they can not move the weight to compress the internal organs and cause pain;

_ They take daily beatings, stand on their own excrement until they pass to obey;

_ Elephants communicate, live in groups with defined roles, are extremely intelligent, grieve for their dead and are able to recognize a familiar even having been separated from him as a cub;

_ Suffer from foot problems due to lack of exercise, in nature because elephants walk thousands of miles every day;

_ In the circus elephants remain chained all the time. Stir constantly head is a characteristic of neurosis from captivity.

LIONS, TIGERS AND OTHER CATS

_ De acordo com Henry Ringling North, in his book "The Circus Kings", big cats are chained to their pedestals and the strings are wrapped around their necks so that they have a sense of being overwhelmed;

_ They are dominated by fire and whip, beaten with iron bars and forehead burned at least once in life not to forget the pain;

_ Many have ripped its claws and fangs extracted or sawn;

_ They spend most of their life in cramped cages.

BEARS

_ Has a broken nose during training;

_ His paws are burned to force them to stand on two legs;

_ They are forced to walk on hot metal plates to the sound of a particular song. In lunge, Bears listen to the same music used during the "training" and begin to move, giving the impression that they are dancing;

_ Many have claws and fangs ripped. It had been found with a bear 1/3 his tongue torn;

_ Some bears self mutilate, hitting his head on the bars and eating their own paws.

MONKEYS

_ They have the same behavior of children who are abused;

_ Up 98% DNA from chimpanzees equals the human DNA;

_ They catch to obey and obey only by fear;

_ Nail biting behavior and self harm are often found in captive monkeys;

_ The teeth are removed so that the animal can be photographed with the children.

HORSES

_ They are beaten and confined without the right hiking;

_ They catch to learn;

_ Often, by having to make the numbers on floors inadequate,especially slippery, end up acquiring irreversible damage, with severe pain.

ALL ANIMALS IN CIRCUS

_ They are subject to the instruments of the classical "training": electric shock, whipping, deprivation of food and water;

_ They are confined without the least hygienic condition, subject to various diseases;

_ The confinement does not provide them the minimum conditions of well-being, being, moreover, totally contrary to the life they would have in their habitats;

_ Do not have adequate veterinary care;

_ Are required to withstand abrupt climate change and travel thousands of miles without rest.

For these reasons is that many animal rights organizations condemn and work against the presence of animals in circuses, and this attitude has been fostered by much of the respectable public circus, and all the facts narrated can be supported by ample material ever produced, especially in Brazil. Also include it on topic below some examples of accidents that have already occurred, which will leave no doubt that further place of nonhuman animals is definitely not in circuses.

Indeed, animals obey not by nature, but because they feel pain,despair, fear, anger, affliction, dissatisfaction, nuisance, situations, undoubtedly are characterized as cruelty and maltreatment.

DOMESTICATION OF WILD ANIMALS?

Wild Animals wild or natural are those of a country or region,that living close to nature and this means that authorizes lhes, whereby independent of man.

Well. With this definition of wild animals is latent domestication of these is something totally unnatural, and, therefore, is considered mistreatment, since for this is, we will have to remove the animal from its habitat natural, changing you a whole structure of life and customs, may even lead them to death.

Moreover, not only the removal of his pet habitat that will bring harm, but, and, mainly, habits that the human will to impute, to live with this new “society”, therefore, even originate life in captivity, living conditions made against them have nothing to do with the needs that have.

In circuses, new habits usually attributed to animals are the most cruel. Animals are forced to perform juggling and several other numbers to entertain the audience, however, for “learn” to do everything their tamers wish, suffer too.

We finally note that, wild animals, although in theory have been domesticated, may rebel, and then, no one will be able to stop them. We have recent examples of fatal events because of this insistence of some animals in circuses keep their numbers, as the boy's death Juninho Pernambuco, that had pulled into the cage of hungry lions and serving you meal, After three days of fasting Total.

So, is unquestionable that place is wild animal in nature, its habitat natural, and that fun human, sadia and intelligent, indispensible suffering of others, after all, artists circuses without animals are very creative, talented and able to entertain their audience. Nothing like good old clown, Jugglers, trapeze artists and magicians!

AND PETS?

It is also common to find pets, like dogs, cats and horses in presentations public spectacles. But does the mere fact of being home is permissive for their tutors do what they want with it?

Similarly the native wild animals and exotic, the domestic undoubtedly also have a legal guardian and legal housed by our legislation.

In addition, to emphasize that domestic animals are beings especially company and should not be subjected to long hours of training and work, being forced to perform activities totally contrary to their nature, well as being exposed to music at high sound, cry and related (remembering that the hearing of animals is extremely sensitive and more powerful than humans. The horse, eg, has an acute ear four times better than humans).

To be emphasized that an animal learns certain procedure only after repeating it countless times, by conditioned reflexes, and, therefore, even when dealing with a domestic animal, there is nothing natural forcing a dog to be constantly supported only on two legs or else a cat jump from a height of 20 meters or a horse leaping in tiny stages slippery, eg.

Finally, No. could stop mentioning the physical damage that acometem pets, arriving even pay with their own lives to perform some number forced by their "trainers", or regrettable that the conditions are maintained, in tiny spaces and unhygienic, likely to acquire numerous diseases and notorious state of mistreatment.

Illegality and unconstitutionality

In addition to specific legislation already in place in certain locations, as already quoted, We should also pay attention to our environmental legislation houses the protection of animals, including those used in circuses.

A Constitution of the Republic, Chapter Environment, so has:

“Art. 225 - Everyone has the right to an ecologically balanced environment, common use of the people and essential to a healthy quality of life, imposing upon the Government and society the duty to defend it and preserve it for present and future generations. § 1 - To ensure the effectiveness of this right, incumbent upon the Government:

(…)

VII – e to protect fauna flora, forbidden, formed in law, practices that endanger their ecological function, cause the extinction of species or subject animals to cruelty. "

Still important protection to the animals housed at Federal Decree 24.645/1934:

“Art. 1° - All animals in the country are wards of the State.

Art. 2°, § 3°: The animals will be assisted in court by prosecutors, their legal substitutes and members of animal protection societies.

Quoted decree, including, already prohibits the presentation of animals in circuses since the year 1934, as can be inferred from its Article 3, illustrative list that brings in situations that typify situations of abuse, and especially in his subsection XXX, thus considers the Animal exhibitions in venues for performing stunts, in other words, exactly the activities practiced by circus.

John in the Law of Crimes Ambientais (Federal Lei n° 9.605/1998), finally, includes the following types:

“Art. 32 - Practice abuse, maus-TRATOS, injure or mutilate wild, domestic or domesticated, native or exotic. "

So, we must emphasize that the protection of all animals are housed in our law, being crime any act that harms the animal, be it a dog poodle, a horse or exotic animals used in circus presentations (elephant, urso, camel).

And despite the legal issue addressed, the preservation of LIFE, either which way is, it must prevail as a primary objective and essential consciousness and human ethical and environmental. The human being must achieve the much needed evolution and finally stop with the archaic and irrational exploitation of animals, finally becoming a rational, condition which is so proud to flaunt.

ARRANGEMENTS OF IBAMA ABOUT EXOTIC ANIMALS IN CIRCUSES

Mister ressaltarmos also that, even if we consider the possibility of keeping animals in circuses, animals in circuses currently present in any way could be currently under the tutelage of the circus, considering that it is clear to any layman to lack of suitable conditions for the dignity of these animals.

As concierge IBAMA n. º 108/94, regulating the maintenance of some species of exotic animals by individuals or legal entities, among them, the most common ones maintained by circuses as Ursus arctus (grizzly), the Elephas maximus (Asian elephant), the Panthera leo (lion) and the Panthera tigris (tiger), certain requirements must be met. The main ones are:

– permanent assistance of at least one veterinarian;

– the animal to be sexed and marked (read microchiped);

– Presentation of Annual Report (currently also summarized quarterly reports to be submitted via internet);

– ban public visitation;

– enclosure in the minimum standards required:

Urso

Area – 100 m² / 600 m³ (It arbícola)

Shelter – 15 m²

Tank - 15 m² / 2m depth

Cambiamento area - 10 m²

Houses - ground litter 2,0 without concrete.

Elephant (Proboscidae)

Area - 1000

Tank - 100 m² / 3m depth

Cambiamento area - 2 x 50 m², Minimum height 100 m

Houses - Areia / terra, without concrete

Specificity: cambiamento concrete. Doors rail reinforced.

Leão e Tigre

Area - 60 m² / 150 m³

Abrigoo - 15 m²

Cambiamento area - 3 x 6 m²

Houses - Areia / terra, without cement

Tank: 10 m² / 1,0 m depth.

In addition to the rules listed, the transport of these animals can only be done with obtaining the necessary transportation guides (GTA), the animals standing with all vaccinations on day, as well as health completely perfect.

Also important to remember that it is forbidden to enter the country exotic species without the proper permits (article 31 da Lei crimes ambientais), and, therefore, even though puppies are born in the country, necessary to prove the origin of animals, as well as all its ascedentes, since the existence of at least one animal that has entered the country illegally, já enseja the illegality of all its descendants.

Therefore, without any technical knowledge, just by simple observation, it is clear that some of the basilar standards to protect the animals are not observed by minimally circus, especially with regard to the issue of public visitation and minimum standards for enclosures.

SOME FACTS OCCURRING IN CIRCUSES WITH ANIMALS IN BRAZIL

There are many accidents with animals in circuses, harming the animals themselves, and their handlers, other components of circuses, the public and the general population. Not to become too wordy, select only some of the facts for the following discussion, only as a mere practical exemplification:

– Bady Bassit / São José do Rio Preto / SP, April 2008: lion released by Circus causes panic in the region;

– Mata de São João / BA, December 2007: monkey kicks off the finger of a girl 3 years. Animal is in makeshift cage in shopping cart;

– Cuiaba / MT, December 2007: lion leaps wall and flees circus;

– Vitória / ES, October 2007: woman's arm amputated after bite lion circus tried to fondle.

– Hut / SC, May 2006: elephant foge de circus;

– Itaboraí / RJ, February 2006: lion is found in cage propped open with just a plank in abandoned refrigerator;

– Uberaba/MG, December 2005: 5 lions are abandoned by circus m road;

– Ervália / MG, July 2005: macaca chimpanzé starts finger of child 12 years was circus that appeared in the city;

– Campos do Jordão / SP, July 2005: two Tigers Morra no circo Stankowich.

A priori it was stated that out of the cold, however, after, on a report done by vet Circus, death was stated by viruses transmitted by domestic cat, which suggests intake of livestock animals by the above circus, as representatives of the circus attempted to dispose of the corpse of an animal, opening to him and burning the viscera, including.

– Restinga Seca / RS, June/2005: eight year old suffered injuries when touching grid lion, which he was executed by electric shock, by means of apparatus for this purpose carried by his coach;

– Lavras do Sul / RS, May/2005: Man is attacked by a tiger circus, having his left arm amputated;

– São Paulo / SP, February 2005: chimpanzee Dolores, after removal of the circus Di Napoli by IBAMA, being depressive and chronic bronchitis, finally is sent to a sanctuary after court ruling;

– Antônio Carlos, Florianópolis / SC, July 2004: two lions and two tigers are seized in a circus, after being found malnourished and welded cages;

– Curitiba / PR, June 2004: IBAMA need to find a new home for 2 lions who were with an individual and can no longer afford to keep them. Animals born in circus;

– Iguaraci / PE, April 2004: the grizzly Bruno, mistreated and malnourished is simply abandoned by circus in the interior of Pernambuco;

– Penha / SC, March 2004: dies cat as a result of decrease in the number display “push the cat” in circus em Santa Catarina;

– Aparecida de Goiânia / GO, December 2003: tigress the real kind of flare attacks attendant, biting the forearm and biceps boy, which had serious injuries, having to undergo surgery to try to recover the motion;

– São Paulo / SP: Bambi, female elephant This circus Stankowich escapes for Radial Leste in full time rush;

– Penha / SC, October 2003: Madu dies, female elephant years who lived in a circus and spent the end of his life in another circus in Santa Catarina. In the report testified that the elephant died in the head with a radius, despite having lived around an electrified fence and several witnesses have witnessed their cruel death by electrocution;

– Sumaré / SP, January 2003: circo Stankowich Abandon three lions in the city center of gestational / SP, claiming not to want them more. The animals were sent to the sorry state of health for the Ecological Sanctuary Ranch of Gnomes, and one of the animals was so weak, which died;

– Maracanaú / EC, December 2001: lioness shot dead after escaping the circus in Ceará;

– Curitiba / PR, August 2001: trapeze Imperial Circus of Mexico to TVs arm amputated after being attacked by lioness;

– Atibaia / SP, April 2000: Bartholo circus leaves 3 lions and 1 lioness Empty em off;

– Recife / PE, April 2000: lions kill boy. Four hungry lions circus Vostok Juninho pull the boy into the cage in the range of presenting the circus show. Boy has a tragic death and cruel and the animals are all dead. In autopsy, there is the fact that the animals did not eat for days.

CONCLUSIONS

Lawmakers Bahia, and the feds should pay attention that the contemporary circus presents a model that thrives today, known as Circus Man, because it involves only the human figure in performances, excluding the participation of animals.

Furthermore, the use of nonhuman animals to attempt to lure a supposed public is an outdated and bankrupt strategy marketing, bearing in mind that the longing of modern society has long been evolving, so that it no longer accept the treatment of nonhuman animals as mere objects to be, besides be noted that since it is illegal and unconstitutional activity, legislative role as aforementioned and the undoubted cruelty that such an act means.

There is also no need to talk about education, art and culture in the presentation of animals in situations totally alien to their natures, plus a whole life subjected to the cages and roaming, under all types of weather climate. Education, Art and culture are not and never will be made through the exploitation of any form of life that is, because otherwise we would have a huge nonsense. What is the lesson to be transmitted to a child to make her see an elephant climbing on a stool? Or a lion and a tiger jumping a hoop of fire? Or a bear dancing or cycling? A cat jumping from a height of ten meters, shattering on the floor? I see no other except that the animals would be inferior beings and the human (“all-powerful”) can master it and do what you want…

So, pray that legislators have an ethical performance and not anthropocentric, and is in line with global trends global moral, and finally voting and approving the PL of the State of Bahia 16.957/07 PL and the federal 7291/06, prohibiting the presentation and maintenance of any non-human animals in circuses and shows assimilated.

And the respectable public that bears the same title reputable and continue evolving in their ethical concepts, moral and legal, not accepting cruelty as culture and art.