Portuguese, Brazil
In this case, the defendant is accused of illegal exportations of exotic Brazilian fauna. Being condemned in first instance and in appealed, the defendant appealed his condemnation in front of the Federal Tribunal of Sao Paulo
The defendant alleged that the Brazilian did not have the jurisdiction to condemn him for crime that had taken place abroad.
The Federal Tribunal, admitted it has competence in judging procedural civil and criminal law but refused the appellant request. The Tribunal motivated his refusal by the fact Brazil has signed many international conventions (as CITES, CBD, Convention for the Protection of Flora, Fauna and Natural Scenic Beauty of
American countries) and it also approved the application of the precautionary principle. The Tribunal also considered that it have jurisdiction in ruling, as the violation of the public National space is a matter of national and not of international matter and therefore this Federal court can rule on it too.
The Tribunal also pointed out that violations committed against the environment are not affecting other states but Brazil and this justifies the actions of the Federal Court, maintaining the competence under internal residual and targeted jurisdiction of the state. Since the documents supporting the complaint show remittances on a large amount of animals being transported to the United States of America by airmail without authorization ,this case also breaches federal laws regarding illegal animal commerce and traffic, cruelty and abuse of animals and damage to the country's reputation.
For all these reasons, the Court dismissed the appeal.