The São Paulo Court of Justice (TJSP) sentenced a trader to 5 years, 3 months and 15 days’ imprisonment in an initial semi-open regime, for mistreating dogs. Gouzhen Zeng, a Chinese national, kept dozens of animals in the basement of two of his jewelry and variety stores, in the center of São Paulo, without clean water or food, nor veterinary care, in addition to attacking them. 
The sentence also determined the payment of R$43,600 to a person responsible for sheltering them while they continue to look for temporary homes. According to the court, ten dogs died after falling ill.
The rescue teams came across animals in a very serious state of malnutrition and in very poor health. The environment in which they were trapped was uninhabitable, full of feces and urine. Furthermore, the man sold the puppies.
Judge Sirley Claus Prado Tonello, responsible for the case, highlighted in the sentence that all the dogs had distemper, a highly contagious viral disease that can cause death, as well as worrying and serious symptoms, such as convulsions, spasms and difficulty walking, but preventable with vaccination.
The acts of cruelty carried out by Zeng were confirmed by an expert report. The defendant is also prevented from having custody of any animal for the same period of detention.
Zeng tried to justify the situation with the argument that there were cultural differences between Brazil and China, which would be reflected in the relationship he established with dogs.
“It was not a matter of mere differences regarding the quality, quantity of food or frequency of vaccinations, nor was it an issue related to affection when dealing with animals. It was, in fact, the practice of extreme cruelty against animals”, replied the judge to Zeng’s arguments.
“That is to say, he was aware of the minimum social rules that govern our society, and he could not use the fact that he was a foreigner to exempt himself from responsibility for the mistreatment of animals,” he added.
Lawyer Alexandre Del Bianco Machado, who represents the defendant in the case, assesses the penalty as “disproportionate”. And he will file an appeal contesting the sentence, as reported by Agência Brasil. Zeng awaits the outcome in freedom.
THE Law No. 9,605/1998 establishes as a penalty the “act of abuse, mistreatment, injuring or mutilating wild, domestic or domesticated, native or exotic animals” imprisonment of 3 months to 1 year and a fine. When it comes to a dog or cat, the penalty is imprisonment, from 2 to 5 years, a fine and prohibition of custody. In other words, the judge applied the maximum sanction to Zeng.
Sale of animals
The practice of commercializing animals is one of the main factors that contribute to people reducing animals to objects and treating them as such, as animal protection organizations warn.
Animal protection entities always encourage adoption, rather than purchase when deciding to have an animal, and criticize the valorization of purebred animals, often kept in captivity, under these degrading and violent conditions, while those without a defined breed, also called mongrels, sometimes wait for years for an adopter or die in shelters, which should only be a place of transit.
When animals are seen as a potential tool for profit, females end up being even more exploited, I have successive litters. They are called by breeders and in legislation “matrices”.
In Zeng’s case, for example, there are specific observations about the dogs, revealing the detection of vaginal secretions. Hence the defense, by activists such as the Ampara Animal Institute, of castration as a means of preventing those who adopt a female – whether dog or cat – from surprises with pregnancy and, therefore, unplanned expenses.
In a constant campaign, non-governmental organizations working in this field recommend replacing terms such as “owner” with “guardian”, to emphasize the importance of responsible guardianship and respect for the emotions felt and expressed by animals.
THE Animal Support provides on its website various materials capable of assisting in the process of re-education of society. One of the warnings is that there is a relationship between violence that victimizes animals and that practiced against women, theme of an online coursewith an affordable price of R$10.
In July 2024, the governor of São Paulo, Tarcísio de Freitas, sanctioned the Law No. 17,972stipulating 4 months as the minimum age for animals to be sold. The legislation also authorizes the separation of puppies from their mothers from the eighth week onwards, that is, in the second month. As stressful circumstances for pets, the law cites the display of dogs and cats in closed shop windows, but fails to normalize their sale, including over the internet.
Crime
In recent weeks, police authorities have received reports of incidents of violence committed against animals. Still in São Paulo, the Civil Police investigate a case of abuse on January 18, in which a unidentified man shot gun at dogkilling him and then fleeing. The crime took place on Avenida Ragueb Chohfi, in the east of the capital and is being investigated by the Citizen Protection Police Department (DPPC).
