Full Case Name:  Judgment EXP. 07392-2013-PHC/TC, Horse Brown SAC v. El Servicio de Parques de Lima- Peru

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Country of Origin:  Peru Court Name:  Constitutional Court of Peru Primary Citation:  07392-2013-PHC/TC Date of Decision:  Thursday, July 11, 2019 Judge Name:  Ledesma Narváez, Ramos Núñez, Espinosa-Saldaña Barrera, Blume Fortini, Docket Num:  07392-2013-PHC/TC
Summary: This judgment resolves the dissents of the judges as written in the Serrano v. Horse Brown SAC case. It discusses ideas of the protection of nonhuman animals and the prevalence of positive and negative duties to nature, as well as Peruvian constitutional rights concerning property and overall personal liberty. The judgment resolves that the lawsuit was unfounded and must be understood within the framework of Amparo law.
Documents:  PDF icon Peru-2013-decision-0-07392-2013-horse-brown-sac-Spanish.pdf (15.04 MB)

 See summary in Spanish.

The plaintiff in this case filed a writ of habeas corpus on behalf of the company Horse Brown against the Lima Park Service to obtain possession of the numerous farm animals that the park owned on its property. The plaintiff alleged a violation of the right to property and that their seizure constituted a violation of the respect for life, dignity, and treatment of animals, as the legal system protects their welfare. The court, in its ruling, analyzed the concepts of habeas corpus, the writ of protection or 'Amparo', and the dignity of animals. The court held that the defendant did not violate the plaintiff's property rights, given that the animals were not in danger of death, and that the plaintiff had abandoned the animals. The court dismissed this issue, which, it stated, should be understood as an application of the right to protection.
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